Shambhu Prasad Suman v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7722 of 2021 ====================================================== Shambhu Prasad Suman Son of Tetar Saw Resident of Pachna Road, Chandani Chowk Ward No. 20, P.S. - Lakhisarai, District- Lakhisarai. ... ... Petitioner/s

Versus

1.

The State of Bihar Through the Secretary, Food and Consumer Protection Department, Bihar, Patna 2.

The Collector, Lakhisarai 3.

The Sub-Divisional Officer, Lakhisarai 4.

The Marketing Officer, Lakhisarai.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Dhananjaya Nath Tiwari, Advocate :

Ms. Preety Kunwar, Advocate For the Respondent/s :

Mr.Lalit Kishore (Ag) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJAN GUPTA and HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER (Per: HONOURABLE MR. JUSTICE RAJAN GUPTA) 03-02-2022 The instant case has been taken up for consideration through the mode of Video conferencing in view of the prevailing situation on account of COVID 19 Pandemic, requiring social distancing.

Though the present petition has been filed for quashing the order dated 22.01.2021, passed by the Sub Divisional Officer, Lakhisarai, whereby and whereunder the license of the P.D.S. shop of the petitioner bearing License no. 01 of 2006 has been cancelled but at the outset, the learned counsel for the petitioner seeks liberty on behalf of the

Patna High Court CWJC No.7722 of 2021(3) dt.03-02-2022 2/2 petitioner to prefer an appeal before the appellate authority under Rule 32(iii) of Bihar Targeted Public Distribution System (Control) Order, 2016.

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 off with liberty to the petitioner to file appropriate appeal before the appellate authority against the order dated 22.01.2021, passed by the Sub Divisional Officer, Lakhisarai and in case, such an appeal is filed within a period of four weeks from today, the appellate authority shall examine the same on merits, in accordance with law, by a reasoned and speaking order, within a period of eight weeks, thereafter.

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