← Library
Patna High CourtCWJC/6066/2020disposed

Kamal Kishor Mishra @ Kamal Kishor Jha v. The State Of Bihar

2020-10-16Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6066 of 2020 ====================================================== Kamal Kishor Mishra @ Kamal Kishor Jha Son of Late Jay Govind Mishra, Resident of Village- Murli Chandwa, P.S. Udakishunganj, DistrictMadhepura. ... ... Petitioner/s

Versus

1.

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

2.

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

3.

The Director, Food and Civil Supply Department, Govt. of Bihar, Patna. 4.

The District Magistrate, Madhepura, District- Madhepura. 5.

The Sub Divisional Officer, Udakishunganj, District- Madhepura. 6.

The Block Development Officer, Udakishunganj, District- Madhepura. 7.

The Block Supply Officer, Udakishunganj, District- Madhepura. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sharda Nand Mishra, Advocate For the Respondent/s :

Mr.Arvind Ujjwal (SC4) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL JUDGMENT Date : 16-10-2020 This matter is taken up for consideration through Video Conferencing under the orders of Hon'ble the Chief Justice.

Heard both parties.

This writ petition has been filed by the petitioner for issuance of :- (i) a rule in the nature of writ of certiorari for quashing the order bearing memo no. 3357 dated 23.10.2019 issued by Sub-Divisional Magistrate, Udakishunganj whereby and whereunder the Public Distribution System Licence no.

Patna High Court CWJC No.6066 of 2020 dt.16-10-2020 2/2 10/10 of the petitioner has been suspended on the ground that an FIR bearing Udakishuganj P.S. Case No. 304 of 2019 has been lodged without asking show cause to the petitioner. (ii) a rule in the nature of writ of Mandamus commanding the respondents to follow the provisions of Bihar Targeted Public Distribution System Control Order, 2016 in a just and proper manner.

(iii) a direction to the respondents to restore the license of the petitioner as on before issuance of the suspension order as in case of similarly situated persons, vide order dated 07.03.2017 passed in CWJC No. 16733 of 2016 and order dated 24.11.2017 passed in CWJC No. 7162 of 2017.

With consent of the parties, this writ petition is disposed of with a direction to the petitioner to file representation before the respondent no. 4/District Magistrate, Madhepura within a period of four weeks from today. In the event such representation is filed, respondent no.4 would dispose of the same by a reasoned and speaking order as early as possible.

(Prabhat Kumar Singh, J) vinita/- AFR/NAFR CAV DATE NA Uploading Date 20.10.2020 Transmission Date 20.10.2020