Alok Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12453 of 2021 ====================================================== Alok Kumar Singh son of Satyanam Singh resident of Village- Pilui Enaetpur, P.O. Manjhi, P.S. Daudpur, District- Saran at Chapra. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Government of Bihar, Patna. 2.

The Principal Secretary, Consumer and Food Protection Department, Government of Bihar, Patna.

3.

The Divisional Commissioner, Saran Division, Chapra. 4.

The District Magistrate, Saran at Chapra, District- Saran at Chapra. 5.

The District Supply Officer, Saran at Chapra, District- Saran at Chapra. 6.

The Sub- Divisional Officer, Sadar Chapra, District- Saran at Chapra. 7.

The Block Supply Officer, Manjhi, District- Saran at Chapra. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shashi Bhushan Kumar Manglam For the Respondent/s :

Mr.S. Raja Ahmad ( Aag5 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH and HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER (Per: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH) 21-12-2021 Petitioner has put to challenge an order passed by the Licensing Authority, whereby the petitioner's licence under Bihar Targeted Public Distribution System (Control) Order, 2016 [hereinafter referred to as BTPDS (Control) Order] has been

Patna High Court CWJC No.12453 of 2021(2) dt.21-12-2021 2/3 cancelled by an order dated 01.06.2021. The BTPDS (Control) Order provides for an appeal which the petitioner has not invoked. Consequently, under the facts and circumstances, this application is disposed of with a liberty to the petitioner to prefer appeal under Clause 32 of the BTPDS (Control) Order. If he prefers appeal within two weeks from today, the Appellate Authority shall condone the delay in filing the appeal as the petitioner was pursuing the remedy before this Court by filing this present writ application.

It is noted that the District Magistrate is required under Clause 3 of the BTPDS (Control) Order to dispose of the appeal as far as practicable within the period of 60 days. The Court expects that the appeal is disposed of within the period prescribed under Clause 32(iii) of the BTPDS (Control) Order. It is also worth-noticing that Clause 32(vi) of the BTPDS (Control) Order reads as follows:

(vi) Due to non disposal of the appeal within sixty days by the District Officer or against the order passed in the appeal, a revision may be filed before the Divisional Commissioner. The revision shall be disposed of within two months.

It goes without saying that the petitioner shall have liberty to invoke the remedies under various provisions of the BTPDS (Control) Order.

Patna High Court CWJC No.12453 of 2021(2) dt.21-12-2021 3/3 This application stands disposed of with the aforesaid observations and direction.

(Chakradhari Sharan Singh, J) ( Madhuresh Prasad, J) SUMIT/- U