Mainejar Ray v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.9703 of 2020 ====================================================== Mainejar Ray Son of Gulzari Ray, Resident of Dharphan, P.s.-Paroo, DistrictMuzaffarpur. ... ... Petitioner/s
Versus
1.
The State of Bihar through the Secretary, Food and Consumer Protection Department, Old Secretariat, Government of Bihar, Patna. 2.
The Secretary, Food and Consumer Protection Department, Old Secretary, Government of Bihar, Patna.
3.
The District Magistrate, Muzaffarpur.
4.
The Sub-Divisional Magistrate (West), Muzaffarpur 5.
The District Supply Officer, Muzaffarpur.
6.
The Block Supply Officer, Paru, Muzaffarpur.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sanjeet Kumar. Advocate For the Respondent/s :
====================================================== CORAM: HONOURABLE MR. JUSTICE RAJAN GUPTA and HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER (Per: HONOURABLE MR. JUSTICE RAJAN GUPTA) 01-02-2022 The matter has been heard via video conferencing. The petitioner is aggrieved by order dated 01.06.2020 passed by the Sub Divisional Magistrate (West), Muzaffarpur, by which the PDS license of the petitioner has been cancelled. Though the order is appealable under Rule 32(iii) of the Bihar Targeted Public Distribution System (Control) Order, 2016, but no appeal was preferred by the petitioner. We feel that the matter needs to be heard by the competent authority. The limitation prescribed under the Rule
Patna High Court CWJC No.9703 of 2020(4) dt.01-02-2022 2/2 for preferring the appeal has expired. The State has no serious objection to the bar of limitation in case the petitioner files an appeal.
We, thus, dispose off this writ petition with direction that in case the petitioner prefers an appeal against the order impugned within two weeks, the competent authority will decide the same within four weeks without being prejudiced by the period of limitation.
The writ petition stands disposed off.
(Rajan Gupta, J) ( Mohit Kumar Shah, J) Anjani/- U