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Patna High CourtCWJC/7324/2023disposed

Amod Kumar Rai v. The State Of Bihar

2023-09-14Mr. Justice A. Abhishek Reddy3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7324 of 2023 ====================================================== Amod Kumar Rai, Son of Sisupal Ray, Resident of Village-Kararia, Block and P.S. Gopalganj, District-Gopalganj.

... ... Petitioner/s

Versus

1.

The State of Bihar through Secretary Food and Consumer Protection Department, Govt. of Bihar, Patna.

2.

The District Magistrate, District-Gopalganj.

3.

The District Supply Officer, Gopalganj.

4.

The Sub-Divisional Officer, Gopalganj Sadar, District-Gopalganj. 5.

The Block Supply Officer, Block-Gopalganj, District-Gopalganj. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Nafisuzzoha, Advocate.

For the Respondent/s :

Mr. Arvind Ujjwal, SC-4.

====================================================== CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY ORAL ORDER 14-09-2023 Heard the parties.

2. The present writ petition has been filed for the following relief:- "(i) For issuance of a writ in the nature of Mandamus, or any other appropriate writ/ writs, order/orders or direction for commanding and directing the respondent District Magistrate, Gopalganj for early disposal of Supply Appeal No. 12/2021 filed on 19.08.2021 and same was admitted on 02.09.2021, which is still pending before him since long.

(ii) For issuance of a writ in the nature of Mandamus or any other appropriate writ, order or direction to the respondent District Magistrate, Gopalganj till the

Patna High Court CWJC No.7324 of 2023(2) dt.14-09-2023 2/3 disposal of the Supply Appeal No. 12/2021, the PDS License No. 75/2016 of petitioner may be restored, and implementation of the order dated 28.07.2021 may be stayed, by which the learned Sub-Divisional Officer, Gopalganj has cancelled."

3. Without going into the merits or demerits of the case, having regard to the fact that the prayer sought for by petitioner seeking a direction from this Court to direct the Respondent No. 2 to dispose of the appeal filed by the petitioner bearing Appeal No. 12 of 2021.

4. The present writ petition is disposed off with a direction to the Respondent No. 2 to dispose off the appeal bearing Appeal No. 12 of 2021 made by the petitioner as expeditiously as possible preferably within a period of eight weeks from the date of the receipt of the copy of this order. On such appeal being filed, the authority concerned shall pass necessary orders strictly in accordance with law.

5. It is needless to mention that before passing any order the petitioner shall be put on notice and given an opportunity of hearing. The entire exercise shall be completed within a period of eight weeks from the date of receipt of the complaint. Any order passed shall be communicated to the party.

Patna High Court CWJC No.7324 of 2023(2) dt.14-09-2023 3/3

6. With the above observations, the present writ petition stands disposed off.

(A. Abhishek Reddy , J) shakir/- U