Bachan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4176 of 2023 ====================================================== Bachan Kumar Son of Shambhu Baitha Resident of Village- Dumra, P.S.- Belsand, District- Sitamarhi.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principle Secretary, Food and Consumer Protection Department, Government of Bihar, Patna. 2.

The Collector cum District Magistrate, Sitamarhi. 3.

The Sub-Divisional Officer, Cum Licensee Officer, Belsand, Sitamarhi. 4.

The Block Supply Officer, Belsand, District- Sitamarhi. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Hari Mohan Mishra, Adv.

For the Respondent/s :

Mr. Arvind Ujjwal SC4 ====================================================== CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY ORAL ORDER 27-06-2023 By way of a writ petition, petitioner has prayed as under:

"That, this is an application for issuance of an appropriate writ/writs, order/orders, direction/directions in the nature of mandamus/certiorari for quashing of order as contained in memo no. 172 dated 20.2.2021 passed by the Sub-Divisional Officer, Belsand (Respondent no.3), whereby and where under P.D.S. License of the petitioner bearing License no. 17/ 18-19 of Gram Panchayat Raj, Dumra, Block-Belsand, District-Sitamarhi has been suspended due to lodging of F.I.R. against him under Essential commodity Act and further prayer for a direction to the respondent no.3 to restored the P.D.S. Shop of the petitioner bearing License no. 17/ 18-19, with respect to Gram Panchayat Raj, Dumra, Block-Belsand, Distt- Sitamarhi. And for the other necessary relief or reliefs for which the petitioner is entitle to in

Patna High Court CWJC No.4176 of 2023(4) dt.27-06-2023 2/2 accordance with law."

Having regard to the facts that the petitioner has only challenged the interim suspension of his licence and no final orders are passed till date by the respondent no. 3, namely, the Sub-Divisional Officer-cum-Licensee Officer, Belsand, Sitamarhi. Therefore, the respondent no. 3 is directed to pass final orders duly giving an opportunity of hearing to the petitioner herein, as expeditiously as possible, preferably within a period of eight weeks from the copy of receipt of this order. With the above direction, the writ petition is disposed off. (A. Abhishek Reddy, J) Ayush/- U