Hesar Ahamd v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9272 of 2021 ====================================================== Hesar Ahamd Son of Late Nesar Ahmad resident of village- Gram Tola Paravej Khan Manpur, P.s.- Khaira, District- saran ... ... Petitioner/s

Versus

1.

The State of Bihar through the secretary, Government of Bihar, Patna 2.

The Principal Secretary, Food and Civil Supply Department, Government of Bihar, Patna 3.

The Commissioner, Saran Division at Chapra 4.

The District Magistrate, Saran at Chapra District- Saran 5.

The Sub Divisional Officer, Sadar Chapra District- Saran 6.

The Inspector, Weights and Measures, Saran at Chapra 7.

The Food and Civil Supply Officer, Saran at Chapra District- Saran 8.

The Block Supply Officer, Nagra Block- Nagra, District- saran 9.

The Station House Officer (S.H.O.) Khaira P.S. District- Saran ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Md. Anis Akhtar, Advocate For the Respondent/s :

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJAN GUPTA and HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER (Per: HONOURABLE MR. JUSTICE RAJAN GUPTA) 04-02-2022 The matter has been heard via video conferencing. The petitioner is aggrieved by order dated 07.11.2020 passed by the Sub Divisional Officer, Sadar, Chapra, by which the PDS license of the petitioner has been cancelled. Though the order is appealable under Rule 32(iii) of the Bihar Targeted Public Distribution System (Control) Order, 2016, but no appeal was preferred by the petitioner.

Patna High Court CWJC No.9272 of 2021(2) dt.04-02-2022 2/2 We feel that the matter needs to be heard by the competent authority. The limitation prescribed under the Rule for preferring the appeal has expired. The State has no serious objection to the bar of limitation in case the petitioner files an appeal.

We, thus, dispose off this writ petition with direction that in case the petitioner prefers an appeal against the order impugned within two weeks, the competent authority will decide the same within four weeks without being prejudiced by the period of limitation.

The writ petition stands disposed off.

(Rajan Gupta, J) ( Mohit Kumar Shah, J) Anjani/- U