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Patna High CourtCWJC/7716/2020disposed

Shiv Kumar Singh v. The State Of Bihar

2021-01-21Mr. Justice Ashutosh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7716 of 2020 ============================================== Shiv Kumar Singh Son of Late Nandji Singh, Resident of Gram and PostHetampur, Thana- Tiyar Sub Division- jaghdispur, District- Bhojpur ... ... Petitioner

Versus

1.

The State of Bihar through the Principal Secretary, Food and Consumer Protection, Government of Bihar, Patna 2.

The District Magistrate, Bhojpur 3.

Sub Divisional Officer, Jagdishpur Ara Bhojpur 4.

The Block Supply Officer, Jagdishpur Bhojpur Ara ... ... Respondent ============================================== Appearance :

For the Petitioner/s :

Mr.Sanjeev Kumar Mishra For the Respondent/s :

Mr.Lalit Kishore ( Ag ) ============================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 21-01-2021 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks quashing of the order 28.08.2020 passed by respondent no. 3/ the Sub Divisional Officer, Jagdishpur, Ara, Bhojpur, whereby, the license granted to the petitioner to run the shop under Public Distribution System, has been cancelled.

Learned counsel for the petitioner has submitted that in the show-cause notice, only six grounds were intimated but the impugned order is based on three additional grounds about which the petitioner had no notice.

Patna High Court CWJC No.7716 of 2020(6) dt.21-01-2021 2/2 This Court is not inclined to accept the aforesaid argument but before specifying the reasons for not accepting such argument, learned counsel for the petitioner thought it prudent to withdraw this petition in order to challenge the impugned order in appeal.

The prayer is allowed.

The writ petition stands dismissed as withdrawn with the liberty to the petitioner to approach the appellate authority under the Bihar Targeted Public Distribution System (Control) Order, 2016 within a period of 30 days. Should such a memo of appeal be filed, it shall be entertained and after affording appropriate opportunity to the petitioner, a reasoned order shall be passed, without being prejudiced with the fact that the present petition has not been entertained.

The writ petition stands disposed of with aforesaid observation.

(Ashutosh Kumar, J) sunilkumar/- U