← Library
Patna High CourtCWJC/9703/2021disposed

Lakhpato Devi @ Lakhpati Devi v. The State Of Bihar

2021-11-16Mr. Justice Chakradhari Sharan Singh,Mr. Justice Madhuresh Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9703 of 2021 ====================================================== Lakhpato Devi @ Lakhpati Devi Wife of Budhan Ram resident of Panchayat Garhani, ward no. 8, Prakhand- Garhani, District- Bhojpur ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Food and Consumer Protection, Government of Bihar, Patna 2.

The District Magistrate Officer, Bhojpur 3.

The Sub Divisional Officer, Sadar Ara, Bhojpur 4.

The Blok Supply Officer, Garhani, Bhojpur ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjeev Kumar Mishra, Adv :

Mrs. Manini Jaiswal, Adv For the Respondent/s :

Mr. Upendra Pratap singh, AC to SC-4 ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH and HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER (Per: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH) 16-11-2021 The petitioner has put to challenge an order dated 10.02.2021 passed by the Sub-Divisional Officer, Sadar Ara, Bhojpur-cum-Licensing Authority, whereby his licence to run a fair price shop under Public Distribution System has been cancelled.

The petitioner has statutory remedy of appeal under Rule 32 of Bihar Targeted Public Distribution System (Control) Order, 2016, which he has not availed. In such circumstance, we are not inclined to entertain this writ application.

Patna High Court CWJC No.9703 of 2021(2) dt.16-11-2021 2/2 The petitioner shall, however, be at liberty to prefer appeal against the impugned order before the appellate authority. If the petitioner prefers appeal within one month from today and seeks condonation of delay in preferring appeal on the ground that he was pursuing his remedy before this Court by way of present writ application, the appellate authority shall consider the same liberally and decide the petitioner's appeal on merits preferably within three months from the date of filing of such appeal.

This writ application stands disposed of with aforesaid observation and direction.

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