Amod Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4754 of 2020 ====================================================== Amod Kumar S/o Rajendra Mishra, resident of Village-Ward No. 7, Madhaul, P.O.-Susta Madhepur, Muzaffarpur, Mathurapur, Muzaffarpur, presently cancelled P.D.S. license Panchayat Dariyapur Kaphen Block-Kudhani, District-Muzaffarpur.

... ... Petitioner/s

Versus

1.

The State of Bihar through its Principal Secretary, Food and Civil Supply Department, Govt. of Bihar, Patna.

2.

The Sub-Divisional Magistrate, West, Muzaffarpur. 3.

The Block Supply Officer, Kudhani.

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

For the Petitioner/s :

Mr. Shankar Kishore Shahi For the Respondent/s :

Mr. S.Raza Ahmad (AAG5) ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR and HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER (Per: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR) 03-08-2022 Heard learned counsel for the parties.

The license of the petitioner has been cancelled by the Licensing Authority vide order dated 28.01.2020. Since, there is a provision for appeal, we are not inclined to entertain this petition without the petitioner having exhausted his legal remedies.

We therefore, direct that in the event of the petitioner preferring an appeal against order of cancellation of his license within a period of 30 days, the same shall be

Patna High Court CWJC No.4754 of 2020(2) dt.03-08-2022 2/2 taken by the Appellate Authority and after giving reasonable opportunity to the petitioner to represent his cause, a final order shall be passed within a period of next 60 days with reasons in support of the same.

The order so passed by the Appellate Authority shall be made available to the petitioner forthwith. With the aforesaid direction/observation, this writ petition stands disposed of.

(Ashutosh Kumar, J) ( Jitendra Kumar, J) skm/ashishkr/- U