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Patna High CourtCWJC/10592/2021disposed

Upendra Kamti v. The State Of Bihar

2021-09-27Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10592 of 2021 ====================================================== Upendra Kamti Son of Late Surja Kamti Resident of Village- Hawi Bhauar, P.S.-Bahera, District-Darbhanga.

... ... Petitioner/s

Versus

1.

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

The District Magistrate, Darbhanga.

3.

The Sub-Divisional Officer, Benipur, District-Darbhanga. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajeev Kumar Labh, Adv.

For the Respondent/s :

Mr.Upendra Pratap Singh, AC to SC-4 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 27-09-2021 The present writ petition has been filed seeking quashing of the order dated 12.04.2021 passed by the SubDivisional Officer, Benipur, District Darbhanga whereby and where under the PDS license of the petitioner bearing license No. 14/2016 of 2008 has been cancelled. At the outset, the Ld. Counsel for the petitioner seeks liberty to file appropriate appeal against the impugned order dt. 12.04.2021 under Rule 32 (iii) of the Bihar Targeted PDS (Control) Order, 2016.

The Ld. Counsel for the respondent State, Shri Upendra Pratap Singh, AC to SC-4 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

Patna High Court CWJC No.10592 of 2021(2) dt.27-09-2021 2/2 the order dated 12.04.2020, passed by the Sub-Divisional Officer, Benipur, District Darbhanga 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, without being impeded by the issue of limitation.

(Mohit Kumar Shah, J) Tiwary/- U