Jagjivan Ram v. The State Of Bihar Through The Principal Secretary,

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11793 of 2021 ====================================================== Jagjivan Ram S/O - Late Bhukhal Ram R/O - Ward No. - 6, Bathna, P.O. - Birwa P.S. - Majhaulia, Distt- West Champaran, Bettiah. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Food and Civil Supplies Department, Bihar, Patna.

2.

The District Magistrate, West Champaran, Bettiah. 3.

The Sub. Divisional Officer, Bettiah Sadar, District- West Champaran, Bettiah.

4.

The Block Development Officer, Majhaulia, Distt- West Champaran, Bettiah.

5.

The Block Supply Officer, Mahauliya, District- West Champaran, Bettiah. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Chandra Shekhar Singh, Advocate For the Respondent/s :

Mr.Arvind Ujjwal, SC-4 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) (The proceedings of the Court are being conducted by Hon'ble the Chief Justice/Hon'ble Judges through Video Conferencing from their residential offices/residences. Also the Advocates and the Staffs joined the proceedings through Video Conferencing from their residences/offices.) 10-01-2022 Petitioner has prayed for the following relief(s): "(I) For issuance of an appropriate writ, order/direction particularly in the nature of writ of Certiorari, quashing the order dated

Patna High Court CWJC No.11793 of 2021(2) dt.10-01-2022 2/3 12.07.2019 issued by S.D.O., Respondent No.-3 as contained in Annexure:5 to this petition by which the licence of Public Distribution Shop (P.D.S.) of petitioner has been cancelled with immediate effect.

(II) Further prays that during pendency of the aforesaid writ petition, the order of the Respondent No-3 as contained in Annexure:5 may kindly be stayed, till final disposal of the writ petition.

(III) For any other relief or reliefs for which the petitioner is found entitled to."

After the matter was heard for some time, learned counsel for the petitioner, under instructions, states that petitioner may be permitted to withdraw the present petition and prefer an appeal under the Bihar Targeted Public Distribution System (Control) Order, 2016 before the appropriate authority for redressal of the grievances, in accordance with law.

Prayer allowed.

All issues of fact and law are left open.

As and when such an appeal is preferred by the petitioner, the officer concerned is directed to consider and decide the same by a speaking order, after affording opportunity of hearing to all concerned, expeditiously, preferably within a period of six months.

Petition is disposed of as withdrawn in the aforesaid

Patna High Court CWJC No.11793 of 2021(2) dt.10-01-2022 3/3 terms.

Interlocutory application, if any, shall also stand disposed of.

(Sanjay Karol, CJ) ( S. Kumar, J) K.C.Jha/DKS U