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Patna High CourtCWJC/11300/2021disposed

Pankaj Kumar v. The State Of Bihar

2021-08-04Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No. 11300 of 2021 ====================================================== Pankaj Kumar Son of Ram Anup Singh, Resident of Daulatpur Simri, PostDaulatpur Simri, P.S. Bihta, Bihta, Bihar-801103. ... ... Petitioner/s

Versus

1.

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

2.

The District Magistrate Officer, Patna.

3.

The Sub Divisional Officer, Danapur.

4.

The Assistant District Supply Officer, Danapur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjeev Kumar Mishra, Advocate For the Respondent/s :

Mr. Upendra Pratap Singh, AC to SC-4 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 04-08-2021 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 for quashing the order dated 05.04.2021 passed by the Sub-Divisional Officer, Danapur by which the PDS license of the petitioner bearing License No. 1 of 2017 has been cancelled.

The learned counsel for the respondent-State Shri Upendra Pratap Singh, AC to SC-4 submits that there is a provision of appeal under Rule 32 of the Bihar Targeted PDS

Patna High Court CWJC No.11300 of 2021(2) dt.04-08-2021 2/2 (Control) Order, 2016.

In such view of the matter, the learned counsel for the petitioner seeks liberty to file appropriate appeal. Accordingly, the present writ petition stands disposed off with liberty to the petitioner to file an appeal before the appellate authority and in case such an appeal is filed within a period of four weeks from today, the appellate authority shall consider the same on merits without being impeded by the issue of limitation and shall dispose off the same by a reasoned and a speaking order, in accordance with law.

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