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Patna High CourtCWJC/8273/2020disposed

Amarendra Prasad Viswas v. The State Of Bihar

2020-10-13Mr. Justice Madhuresh Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No 8273 of 2020 ====================================================== Amarendra Prasad Viswas Son of Late Upendra Prasad Viswas, resident of village- Basuli, P.s.- Pipra, P.o.- Simaria, District- Supaul ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Department of Food and Civil Supplies, Government of Bihar, Patna 2.

The Principal Secretary, Department of Food and Civil Supplies, Government of Bihar, Patna 3.

The Commissioner, Koshi Division, Saharsa 4.

The District Officer-cum-District Magistrate, Supaul 5.

The Sub-Divisional Officer, Supaul, District- Supaul 6.

The Block Development Officer, Pipra, District- Supaul 7.

The Block Supply Officer, Pipra, District- Supaul ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr Amrit Abhijat, Advocate For the Respondent/s :

Mr Arvind Ujjwal, SC IV ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 13-10-2020 This case has been taken up for consideration through Video Conferencing.

Mr Amrit Abhijat, after some argument, submits that the petitioner may be permitted to approach the Appellate Authority under the Bihar Targeted Public Distribution System (Control) Order, 2016 (for brevity, Control Order, 2016) provided under Clause 32 thereof.

The said submission of the petitioner's counsel is not disputed or denied by the learned State Counsel except for the

Patna High Court CWJC No.8273 of 2020(2) dt.13-10-2020 2/2 submission that the Control Order, 2016 prescribes a time frame for filing the appeal.

Considering the effect of Nationwide Lock Down in the meantime, from issuance of the order cancelling the petitioner's Public Distribution System's licence, till date, this Court would only observe that the petitioner's appeal, if filed within two weeks, shall be deemed to be in time and considered by the Appellate Authority on its merits without raising the issue of delay.

This order should not be taken as an expression on the merits of the matter in any manner.

Writ application is disposed of.

(Madhuresh Prasad, J) M.E.H./- U