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Patna High CourtCWJC/4001/2022disposed

Ram Kishore Singh v. The State Of Bihar

2022-06-20Mr. Justice Ashutosh Kumar,Mr. Justice Jitendra Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4001 of 2022 ====================================================== Ram Kishore Singh, male, aged about 59 years, Son of Manohar Singh, Resident of Village-Bahilwara, Bahul, South, Police Station-Saraiya, DistrictMuzaffarpur. ... ... Petitioner/s

Versus

1.

The State of Bihar through Principal Secreary, Department of Food and Consumer Protection, Government of Bihar, Patna. 2.

The Principal Secretary, Department of Food and Consumer Protection, Government of Bihar, Patna.

3.

The District Magistrate, Muzaffarpur.

4.

The Sub-Divisional Officer, Muzaffarpur (West). 5.

The Block Development Officer, Saraiya, Muzaffarpur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Anand Kumar Ojha, Adv.

For the State :

Mr. Upendra Pratap Singh, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR and HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR) Date : 20-06-2022 Heard Mr. Anand Kumar Ojha, the learned Advocate for the petitioner and Mr. Upendra Pratap Singh, the learned counsel for the State.

Patna High Court CWJC No.4001 of 2022 dt.20-06-2022 2/3

2. Against the order of cancellation of license of the petitioner on 10.10.2019, he had approached this Court vide C.W.J.C. No. 23117 of 2019.

3. This Court while disposing of the aforenoted petition on 06.02.2020, observed that the order of cancellation is not properly worded but it refrained itself from entertaining that petition and gave liberty to the petitioner to prefer an appeal within a period of three weeks and the appellate authority was directed to pass an order on such appeal within a period of six weeks of the receipt of the memo of appeal.

4. Pursuant to the afore-noted directions issued by this Court, an appeal was filed vide Supply Appeal No. 9 of 2020, which till date is pending consideration before the appellate authority.

5. This is highly lamentable.

6. There could be no explanation whatsoever for keeping the statutory appeal pending for so long and that also after the order passed by this Court.

7. However, the appellate authority, under

Patna High Court CWJC No.4001 of 2022 dt.20-06-2022 3/3 the aforesaid circumstances, is directed to dispose off the appeal with a reasoned order positively within a period of 60 days, to be counted from today, for which necessary communication shall be made to the appellate authority by the learned counsel for the State, failing which this Court will take serious and adverse view of the matter.

8. With the aforesaid observation/direction, the writ petition stands disposed off.

(Ashutosh Kumar, J) (Jitendra Kumar, J) Praveen-II/- AFR/NAFR NAFR CAV DATE N/A Uploading Date 22.06.2022 Transmission Date N/A