Kanauji Kachhuara Pacs, v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9275 of 2020 ====================================================== Kanauji Kachhuara PACS, through its President Bimal Ghosh @ Binod Ghosh, aged about 58, Gender- Male, son of Late Sakaldeep Roy, resident of Village- Manoharpur Kachhuara, P.S.- Gopalpur, District- Patna. ... ... Petitioner/s

Versus

1.

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

The S.D.O., Sadar, Patna.

3.

The Additional District Supply Officer, Patna Sadar, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Vijay Anand, Advocate For the Respondent/s :

Mr. S. Raza Ahmad, AAG 5 with Mr. Md. Kamil Akhtar, AC to AAG 5 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJAN GUPTA and HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE RAJAN GUPTA) Date : 15-11-2021 Heard.

The petitioner is aggrieved by order dated 30.04.2020 passed by the Sub Divisional Officer, Sadar, Patna, by which the PDS license of the petitioner has been cancelled. Though the order has been passed under Rule 32(iii) of the Bihar Targeted Public Distribution System (Control) Order, 2016, but no appeal was preferred by the petitioner. We feel that the matter needs to be heard by the competent authority. The limitation prescribed under the Rule for preferring the appeal has expired. The State has no serious

Patna High Court CWJC No.9275 of 2020 dt.15-11-2021 2/2 objection to the bar of limitation in case the petitioner files an appeal.

We, thus, dispose off this writ petition with direction that in case the petitioner prefers an appeal against the order impugned within two weeks, the competent authority will decide the same within four weeks without being prejudiced by the period of limitation.

The writ petition stands disposed off.

(Rajan Gupta, J) (Mohit Kumar Shah, J) Anjani/- AFR/NAFR CAV DATE Uploading Date 22.11.2021 Transmission Date