← Library
Patna High CourtCWJC/10279/2021disposed

Md. Hasnain Khan v. The State Of Bihar

2021-09-24Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No. 10279 of 2021 ====================================================== Md. Hasnain Khan Son of Abdul Sattar Khan, Resident of Village- AkthuKanchanpur, P.S.- Belaganj, District- Gaya. ... ... Petitioner/s

Versus

1.

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

The District Magistrate, Gaya.

3.

The Sub- Divisional Officer, Sadar Gaya.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Vijay Anand, Adv.

For the Respondent/s :

Mr. Alok Ranjan, AC to AAG-5 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 24-09-2021 The instant case has been taken up for consideration through the mode of Video conferencing in view of the prevailing situation on account of COVID 19 Pandemic, requiring social distancing.

The present writ petition has been filed seeking quashing of the order dated 6.4.2021 passed by the Sub-Divisional Officer, Sadar Gaya whereby the PDS license of the petitioner bearing license no. 26 of 2007 has been cancelled.

At the outset, the learned counsel for the petitioner seeks liberty on behalf of the petitioner

Patna High Court CWJC No.10279 of 2021(2) dt.24-09-2021 2/2 to file appropriate appeal before the appellate authority under Rule 32 (iii) of the Bihar Targeted Public Distribution System (Control) Orders, 2016. The learned counsel for the RespondentState, Sri Alok Ranjan (AC to AAG-5), has got no objection.

Having regard to the facts and circumstances of the case, the present writ petition stands disposed of with liberty to the petitioner to file appropriate appeal against the order dated 6.4.2021, passed by the Sub-Divisional Officer, Sadar Gaya and in case, such an appeal is filed within a period of four weeks from today, the same shall be considered by the appellate authority on merits and a reasoned and a speaking order shall be passed, in accordance with law, within a period of eight weeks, thereafter.

(Mohit Kumar Shah, J) Ajay/- U