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Patna High CourtCWJC/8281/2020disposed

Sahdev Prasad Yadav 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 8281 of 2020 ====================================================== Sahdev Prasad Yadav Son of Pachan Prasad Yadav Resident of VillageTilaiya Khurd, Village Panchayat- Diwaniya, Police Station- Barachatti, District- Gaya.

... ... Petitioner/s

Versus

1.

The State of Bihar Through the Principal Secretary, Department of Food and Consumers Protection, Government of Bihar, Patna. 2.

The District Magistrate Gaya.

3.

The Sub- Divisional Officer Sherghati (Gaya). 4.

Assistant District Supply Officer Sherghati (Gaya). 5.

The Block Supply Officer Barachatti, Dist.- Gaya. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr Binay Kumar, Advocate For the Respondent/s :

Mr Alok Ranjan, AAG V ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 13-10-2020 This case has been taken up for consideration through Video Conferencing.

Mr Binay Kumar, 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 submission that the Control Order, 2016 prescribes a time frame for filing the appeal.

Patna High Court CWJC No.8281 of 2020(2) dt.13-10-2020 2/2 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