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Patna High CourtCWJC/12328/2021disposed

Ranjeet Kumar Ram, v. The State Of Bihar

2022-03-25Mr. Justice Madhuresh Prasad,Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12328 of 2021 ====================================================== Ranjeet Kumar Ram, S/o Singheshwar Ram, Resident of Village-Binda, Panchayat-Narauli, P.S.-Mushahri, District-Muzaffarpur. ... ... Petitioner

Versus

1.

The State of Bihar through its Principal Secretary, Food and consumer Protection Department, Government of Bihar, Old Secretariat, Patna. 2.

The Sub-Divisional Officer, Muzaffarpur East. 3.

The Collector, Muzaffarpur.

... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Mr. Vijay Anand, Advocate For the Respondent/s :

Mr. S. Raja Ahmad ( AAG-5 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH and HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER (Per: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH) 25-03-2022 This application has been taken up for online hearing through video conference because of COVID-19 pandemic restrictions.

The petitioner has approached this Court challenging an order dated 21.05.2021 passed by the Sub-Divisional Officer, Muzaffarpur East-cum-Licencing Authority, whereby the petitioner's licence to run a PDS shop under the Bihar Targeted Public Distribution System (Control) Order, 2016 ('Control Order, 2016' for short) has been cancelled without invoking provision of appeal available under the said Control Order,

Patna High Court CWJC No.12328 of 2021(2) dt.25-03-2022 2/2 2016.

Learned counsel for the petitioner, in such view of the matter, seeks permission to withdraw this writ application with a liberty to approach the appellate authority by filing an appeal. Accordingly, this application is disposed of with a liberty to the petitioner to prefer an appeal against the impugned order before the Appellate Authority. It is indicated that if such appeal is filed within four weeks from today with an application seeking condonation of delay, the Appellate Authority shall decide the petitioner's appeal on merits after condoning the delay as he was pursuing his remedy before this Court by filing present writ application. It goes without saying that if such appeal is filed within the aforesaid period, the Appellate Authority shall dispose it of within the period specified under the Control Order, 2016.

(Chakradhari Sharan Singh, J) ( Madhuresh Prasad, J) K.K.RAO/- U