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Patna High CourtCWJC/7728/2020disposed

Kameshwar Mahto v. The State Of Bihar

2021-04-13Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7728 of 2020 ====================================================== Kameshwar Mahto ... ... Petitioner/s

Versus

The State of Bihar ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Kaushalesh Choudhary For the Respondent/s :

Mr.Alok Ranjan (AC to AAG 5) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 13-04-2021 The matter has been taken up for hearing online because of COVID-19 pandemic restrictions.

An order dated 13.06.2020 issued by the Licensing Authority-cum-Sub-Divisional Officer, Sadar Darbhanga issued vide Memo No. 348 of 16.06.2020, whereby the petitioner's license to run a Public Distribution System (PDS) shop has been cancelled is under challenge in the present writ application. The petitioner had alternative remedy of appeal under Bihar Targeted Public Distribution System (Control) Order, 2016 which he did not avail before approaching this Court seeking quashing of the said order.

Considering the facts and circumstances of the case and prevailing COVID-19 pandemic situation, this writ application is disposed of with an observation that the petitioner

Patna High Court CWJC No.7728 of 2020(4) dt.13-04-2021 2/2 shall be at liberty to prefer an appeal before the appellate authority within thirty days from today with an application seeking condonation of delay in preferring appeal. If he does so, the appellate authority shall liberally consider the petitioner's application for condonation of delay and pass order on the petitioner's appeal on merits preferably within a period of two months from filing of the appeal.

This application stands disposed of accordingly. (Chakradhari Sharan Singh, J) AKASH/- U