Sarsawati Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9847 of 2021 ====================================================== Sarsawati Devi, wife of Sri Baban Tiwari, resident of Nagri P.S. Charpokhri 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, Piro Bhojpur Ara. 4.

The Block Supply Officer Charpokri Bhojpur Ara. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjeev Kumar Mishra, 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) 12-01-2022 The matter has been taken up for online hearing through video conference because of COVID-19 pandemic restrictions.

The petitioner's licence to run a Fair Price Shop under Bihar Targeted Public Distribution System (Control) Order, 2016 has been cancelled by the impugned order dated 20.03.2021.

Learned counsel for the petitioner agrees that the petitioner has an alternative remedy of appeal which she has not

Patna High Court CWJC No.9847 of 2021(4) dt.12-01-2022 2/2 availed.

Considering the aforesaid fact, this application is disposed of with a liberty to the petitioner to prefer appeal before the Appellate Authority against the impugned order. At this juncture, it is apt to be noticed that the impugned order was passed on 20.03.2021 and the petitioner immediately thereafter filed the present writ application. Accordingly, it is observed that if appeal is preferred within four weeks from today, the Appellate Authority shall not reject the petitioner's appeal on the ground of limitation, keeping in mind the fact that the petitioner was pursuing her remedy before this Court by filing the present writ application. It also goes without saying that the Appellate Authority shall decide the appeal within the period as stipulated under Bihar Targeted Public Distribution System (Control) Order, 2016.

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