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Patna High CourtCWJC/5511/2020disposed

Jagdish Prasad Yadav v. The State Of Bihar

2021-10-29Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5511 of 2020 ====================================================== Jagdish Prasad Yadav Son of Late Chaurasi Prasad Yadav Resident of VillageGangti Sonudih, P.S.- Goradih, District- Bhagalpur. ... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

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

3.

The District Magistrate, Bhagalpur.

4.

The Licensing Authority-Cum- Sub Divisional Officer, Sadar, Bhagalpur. 5.

The Block Supply Officer, Block- Goradih, Bhagalpur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Prakritita Sharma, Advocate For the Respondent/s :

Mr.S. Raza Ahmad ( Aag5 ) :

Mr. Alok Ranjan, AC to AAG 5 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 29-10-2021 Heard the learned counsel for the petitioner and Sri Alok Ranjan, learned AC to AAG 5 appearing for the State. Though the present writ petition has been filed for quashing the order dated 18.09.2019, passed by the Sub Divisional Officer, Sadar, Bhagalpur in Case no. 02/2019-20, whereby and whereunder the P.D.S. license of the shop of the petitioner bearing License no. 57 of 2016 has been cancelled but the learned counsel for the petitioner, at the outset, seeks liberty on behalf of the petitioner to file appropriate appeal under Rule 32(iii) of the Bihar Targeted Public Distribution System (Control) Order, 2016.

Patna High Court CWJC No.5511 of 2020(2) dt.29-10-2021 2/2 The learned counsel for the respondent- State has got no objection.

Having regard to the facts and circumstances of the case, the present writ petition stands disposed of as not pressed, however with liberty to the petitioner to file appropriate appeal before the appellate authority against the order dated 18.09.2019, passed by the Sub Divisional Officer, Sadar, Bhagalpur and in case, such an appeal is filed within a period of four weeks from today, the appellate authority shall consider the same on merits, without being impeded by the issue of limitation and dispose off the same by a reasoned and a speaking order, in accordance with law, within a period of eight weeks, thereafter.

(Mohit Kumar Shah, J) rinkee/- U