Awadhesh Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5369 of 2022 ====================================================== Awadhesh Prasad Son of Late Hari Ram Resident of Village Arya Samaj Road, Dubey Tola, Hilsa, P.S. Hilsa District Nalanda, License No. H-09/2007, Gram Panchayat Reri P.S. Hilsa, District-Nalanda. ... ... Petitioner/s

Versus

1.

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

2.

The Principal Secreary, Food and Cosumer Protection, Department Govt. of Bihar.

3.

The Collector Nalanda.

4.

The District Supply Officer, Nalanda.

5.

The Sub-Divisional Officer, Hilsa, Nalanda.

6.

The Block Supply Officer, Hilsa, District- Nalanda. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Lovekush Kumar For the Respondent/s :

Mr.S. Raza Ahmad ( Aag 5 ) Mr. Alok Ranjan, AC to AAG -5 ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR and HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER (Per: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR) 05-08-2022 Heard Mr. Lovekush Kumar, the learned counsel for the petitioner and Mr. Alok Ranjan, the learned counsel for the State.

The PDS license of the petitioner was suspended under Section 28 of the Bihar Targeted Public Distribution System (Control) Order, 2016.

Though the learned counsel for the petitioner has submitted that such action was not warranted in view of the

Patna High Court CWJC No.5369 of 2022(4) dt.05-08-2022 2/2 fact that the petitioner was neither under custody nor was he untraceable or had gone fugitive but nonetheless he has not yet responded to the notice which has been served upon him under Section 28 of the Bihar Targeted Public Distribution System (Control) Order, 2016 Under the aforesaid circumstances, we direct the petitioner to respond to the notice within a period of 30 days, which shall be taken into account and the Licensing Authority shall pass a final order within a period of 180 days. The order must be supported by the reasons and it shall be communicated to the petitioner forthwith.

With the aforesaid direction / observation, the writ petition stands disposed of.

(Ashutosh Kumar, J) ( Jitendra Kumar, J) sunilkumar/- U