Fulpati @ Fulpati Devi @ Fulpatiya Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9833 of 2021 ====================================================== Fulpati @ Fulpati Devi @ Fulpatiya Devi, wife of Surendra Ram, resident of Village- Bhuvalpatti, P.S.- Thakraha, District- West Champaran. ... ... Petitioner/s

Versus

1.

The State of Bihar through Collector, West Champaran. 2.

District Magistrate, West Champaran.

3.

Sub- Divisional Officer, Bagaha, West Champaran. 4.

District Supply Officer, West Champaran.

5.

Block Supply Officer, Thakaraha, West Champaran. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjay Kumar Singh, Advocate For the Respondent/s :

Mr.Arvind Ujjwal, S.C.-4 ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH and HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER (Per: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH) 16-02-2022 The matter has been taken up for online hearing through video conference because of COVID-19 pandemic restrictions.

The petitioner has put to challenge the order dated 24.02.2021 passed by the Sub-Divisional Officer, Bagaha, West Champaran-Cum-Licensing Authority, whereby the petitioner's licence to run a PDS shop under the Bihar Targeted Public Distribution System (Control) Order, 2016 (hereinafter referred to as "the Control Order, 2016") has been cancelled, without availing the remedy of appeal.

Patna High Court CWJC No.9833 of 2021(2) dt.16-02-2022 2/2 Learned counsel for the petitioner, after some arguments, seeks permission to withdraw this writ application with a liberty to the petitioner to prefer an appeal against the said order.

Considering the facts and circumstances, this application is permitted to be withdrawn with the liberty as aforesaid.

It is observed that if the petitioner prefers an appeal within four weeks from today, with an application seeking condonation of delay in preferring the appeal, the appellate authority shall be obliged to consider the limitation petition keeping in mind the fact that the petitioner was pursuing her remedy before this Court by filing present writ application and decide the petitioner's appeal on merits within the period stipulated under the Control Order, 2016.

(Chakradhari Sharan Singh, J) (Madhuresh Prasad, J) PNM U