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Patna High CourtCWJC/7432/2020disposed

Om Prakash Thakur v. The State Of Bihar

2020-10-05Mr. Justice Ashutosh Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7432 of 2020 ====================================================== Om Prakash Thakur, male, aged about 44 years, Son of Palat Thakur, Resident of Rampurwa, P.S. Mainatand, District West Champaran, Bihar-845306. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Food and Consumer Protection, Government of Bihar, Patna.

2.

The District Magistrate, West Champaran.

3.

Sub-Divisional Officer, Narkatiyaganj, West Champaran. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjeev Kumar Mishra, Adv.

For the Respondent/s :

Mr. Sunil Kumar Mandal, S.C.-3 ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL JUDGMENT Date : 05-10-2020 Heard Mr. Sanjeev Kumar Mishra, learned Advocate for the petitioner and Mr. Sunil Kumar Mandal, learned S.C.-3 for the State.

2. This is an application seeking quashing of the order dated 05.02.2020 passed by respondent No. 3/the Sub-Divisional Officer, Narkatiyaganj, West Champaran, whereby the

Patna High Court CWJC No.7432 of 2020 dt.05-10-2020 2/3 licence of the petitioner to run his P.D.S. shop has been cancelled.

3. Perused the order impugned.

4. Regard being had to the fact that the petitioner has an alternative remedy of filing an appeal against the aforesaid order before the District Magistrate, I am not inclined, under the circumstances, to interfere with the order impugned.

5. The petitioner may prefer an appeal within a period of two weeks from today before the appellate authority, who, after affording all opportunity to the petitioner to press his cause, shall pass an order in accordance with law within a period of eight weeks of the receipt of such appeal.

6. The order, so passed, shall be immediately communicated to the petitioner.

7. The interim arrangement made by the concerned authority with respect to running of the P.D.S. shop shall not be disturbed in the

Patna High Court CWJC No.7432 of 2020 dt.05-10-2020 3/3 meanwhile.

8.

With the aforesaid observation/direction, the writ petition stands disposed off.

(Ashutosh Kumar, J) Praveen-II/- AFR/NAFR NAFR CAV DATE N/A Uploading Date 08.10.2020 Transmission Date N/A