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Patna High CourtCWJC/7902/2021withdrawn

Uday Kumar v. The State Of Bihar,

2022-04-01Mr. Justice Chakradhari Sharan Singh,Mr. Justice Madhuresh Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7902 of 2021 ====================================================== Uday Kumar, son of Rameshwar Paswan, Resident of Bari Tengrailla, P.S.- Naubatpur, District- Patna.

... ... Petitioner/s

Versus

1.

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

2.

The Collector, Patna.

3.

The Sub-Divisional Officer, Danapur.

4.

The Block Supply Officer Naubatpur, District- Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Dhananjaya Nath Tiwari, Advocate For the Respondent/s :

Mr.Lalit Kishore (AG) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH and HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER (Per: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH) 01-04-2022 Learned counsel for the petitioner, after some argument, seeks permission to withdraw this writ application with a liberty to prefer appeal against the impugned order dated 03.12.2020, passed by the Sub-Divisional Officer, Danapurcum-Licensing Authority, whereby petitioner's licence to run a PDS shop under Bihar Targeted Public Distribution System (Control) Order, 2016 has been cancelled.

This application is permitted to be withdrawn with the aforementioned liberty.

Patna High Court CWJC No.7902 of 2021(3) dt.01-04-2022 2/2 Considering the fact that the petitioner approached this Court seeking quashing of the impugned order by filing the present writ application, it is observed that if any appeal is preferred within four weeks from today with an application seeking condonation of delay, the Appellate Authority shall be under obligation to decide the petitioner's appeal on merit after condoning the delay, keeping in mind the fact that the petitioner was pursuing his remedy before this Court by filing the present writ application. It is further expected that the Appellate Authority shall dispose of the petitioner's appeal, if filed in terms of the present order within the time specified under the Control Order, 2016 for the said purpose.

(Chakradhari Sharan Singh, J) ( Madhuresh Prasad, J) Rajesh/- U