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Patna High CourtCWJC/9254/2020disposed

Ram Naresh Singh v. The State Of Bihar

2021-11-15Mr. Justice Rajan Gupta,Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9254 of 2020 ====================================================== Ram Naresh Singh, aged about 65 years (Male), S/o Late Yamuna Singh, resident of village- Dulhin Bazar, P.S.- Dulhin Bazar, District- Patna. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Secretary, Food and Civil Supply Department, Government of Bihar, Patna.

2.

The District Magistrate, Patna.

3.

The Sub- Divisional Officer, Paliganj.

4.

The Block Supply Officer, Dulhin Bazar, District- Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Kalyan Shankar, Advocate Mr. Satyendra Kumar, Advocate For the Respondent/s :

Mr. S. Raza Ahmad, AAG 5 with 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 an order dated 30.09.2019 contained in Memo No. 487 passed in Case No. 03 of 2019 whereby and whereunder the PDS license of the petitioner has been cancelled by the Sub Divisional Officer, Paliganj.

Though the order is appellable under Rule 32(iii) of the Bihar Targeted Public Distribution System (Control) Order,

Patna High Court CWJC No.9254 of 2020 dt.15-11-2021 2/2 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 objection in case the petitioner files an appeal. We, thus, dispose off this writ petition with a 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 impeded by the issue of limitation.

The writ petition stands disposed off.

(Rajan Gupta, J) (Mohit Kumar Shah, J) J. Alam/- AFR/NAFR CAV DATE Uploading Date 20.11.2021 Transmission Date