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Patna High CourtMJC/698/2022disposed

Asha Bharti v. The State Of Bihar

2023-11-29Mr. Justice P. B. Bajanthri,Mr. Justice Ramesh Chand Malviya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.698 of 2022 In Civil Writ Jurisdiction Case No.7319 of 2021 ====================================================== Asha Bharti W/o Brajesh Kumar Bharti resident of- Gram PanchayatMohanchak (Islampur) Village- Rasalpur, P.S.- Islampur, District- Nalanda. ... ... Petitioner/s

Versus

1.

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

Sri Shashank Subhankar, District Magistrate, Nalanda at Biharsharief. 3.

Sri Radha Kant, Sub Divisional Officer, Hilsa, Nalanda. 4.

Sri Pradip Kumar, the Supply Inspector, Islampur, Nalanda. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjay Kumar Sharma, Advocate For the Opposite Party/s :

Mr.Arvind Ujjwal (SC 4) Mr.Maruth Nath Ray, AC to SC4 ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI) 29-11-2023 The present MJC-contempt petition is filed for noncompliance of the order dated 04.01.2022 passed in CWJC No. 7319 of 2021.

2. Short question for consideration is whether petitioner's appeal against the cancellation of PDS License is to be decided or not?

3. This Court has directed the concerned authority to decide the petitioner's appeal and it has been decided on 04.07.2022. Of course, there is a delay in deciding the appeal

Patna High Court MJC No.698 of 2022(2) dt.29-11-2023 2/2 and the concerned Appellate Authority has failed to adhere to the directions of this Court dated 04.01.2022 insofar as timely deciding the Appeal.

4. Having regard to these facts and circumstances, the proceeding of present MJC-contempt petition stands dropped, reserving liberty to the petitioner to assail the order dated 04.07.2022 passed in appeal while invoking revision, if any, or filing litigation before the appropriate forum. (P. B. Bajanthri, J) ( Ramesh Chand Malviya, J) abhishekkr/- U