Patna High CourtCWJC/9952/2021disposed

Nirmal Kumar Sah v. The State Of Bihar Through Principal Secretary,

2021-09-10Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL WRIT JURISDICTION CASE NO. 9952 of 2021 ====================================================== Nirmal Kumar Sah son of Satya Narayan Sah, resident of villageLaualagan, East, P.S. Chausa, District Madhepura. ... ... 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 Collector cum- District Magistrate, Madhepura, District Madhepura.

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

6. The Block Development Officer, Chausa, District Madhepura.

7. The Block Supply Officer, Chausa, District Madhepura. ... ... Respondent/s ====================================================== Appearance:

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

For the Respondent-State : Mr. Arvind Ujjwal, SC-4 Mr. Upendra Pratap Singh, AC to SC-4 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 10-09-2021 The instant case has been taken up for consideration through the mode of Video conferencing in view of the prevailing situation on account of COVID 19 Pandemic, requiring social distancing.

The present writ petition has been filed challenging the order dated 22.08.2020 passed by the Sub-Divisional

Officer, Udakishunganj, Madhepura, whereby and where under the P.D.S. license of the petitioner bearing license No. 27 of 2007 has been cancelled.

At the outset, the Ld. Counsel for the petitioner seeks liberty to file appropriate appeal under Rule 32 (iii) of the Bihar Targeted PDS (Control) Order, 2016 and seeks expeditious disposal of the appeal.

The Ld. Counsel for the respondent State, Shri Upendra Pratap Singh, AC to SC-4 has got no objection. Accordingly, the present writ petition stands disposed of with liberty to the petitioner to file appropriate appeal against the aforesaid order dated 22.08.2020 and in case such an appeal is filed within a period of four weeks from today, the same shall be considered by the appellate authority on merits and disposed of in accordance with law, by a reasoned and a speaking order within a period of eight weeks, thereafter.

(Mohit Kumar Shah, J) Tiwary/-