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Patna High CourtCWJC/9764/2020disposed

Arjun Soren v. The State Of Bihar

2021-09-04Mr. Justice Mohit Kumar Shah3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No. 9764 of 2020 ====================================================== Arjun Soren Son of Dhewa Soren Resident of Village- Pipra, PanchayatNauwadih, Post- Bichkorwa, P.S. and Block- Chakai, District- Jamui. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Principal Secretary, Food and Supply Department, Bihar, Patna. 3.

The District Magistrate, Jamui.

4.

The Sub-Divisional Officer, Jamui.

5.

The Block Supply Officer, Chakai, Jamui.

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

For the Petitioner/s :

Mr. Rajesh Kumar Sinha, Advocate For the Respondent/s :

Mr. Alok Ranjan, AC to AAG-5 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 04-09-2021 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 petition has been filed, seeking the following reliefs:- "I. For quashing the impugned order as contained in memo no. 219 dated 19.02.2020 issued by the Sub Divisional Officer, Jamui whereby and whereunder the license no. 44/16 of PDS of the

Patna High Court CWJC No.9764 of 2020(2) dt.04-09-2021 2/3 petitioner has been cancelled without giving opportunity of hearing as also without service of notice and without service of enquiry report. II. Further for quashing the another impugned order as contained in memo no. 250 dated 27.02.2020 whereby and whereunder the all consumer with concerned to the petitioner's PDS shop have been tagged with PDS, licence no. 45/16. III. Further after quashing the impugned order, direction may be issued to the respondent no. 4 and 5 to release/allot the food grains in favour of petitioner."

At the outset, the learned counsel for the petitioner seeks liberty to challenge the order dated 19.02.2020 passed by the Sub-Divisional Officer, Jamui before the appellate authority. Liberty so sought is granted.

Accordingly, the present writ petition stands disposed off with liberty to the petitioner to approach the appellate authority by filing appropriate petition against the order dated 19.02.2020 passed by the Sub-Divisional Officer, Jamui and in case such a petition is filed within a period of four weeks from

Patna High Court CWJC No.9764 of 2020(2) dt.04-09-2021 3/3 today, the appellate authority shall consider the same on merits and pass a reasoned and speaking order, in accordance with law, within a period of eight weeks, thereafter.

(Mohit Kumar Shah, J) S.Sb/- U