Shankar Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

C.W.J.C. No. 12726 of 2021 =================================================== Shankar Ram, s/o. Gopichand Ram, r/o ward no. 6, Dharmpur, Parsa, PS-Bhairoganj, District-West Champaran ... ... Petitioner/s

Versus

1. The State of Bihar through the Secretary, Food and Civil Supply, Government of Bihar, New Secretariat, Patna

2. The District Magistrate, West Champaran, Bagaha

3. The Sub-Divisional Officer, Sadar, Bagaha, West Champaran

4. The Block Supply Officer, Bhaisa Lotan, West Champaran. ... ... Opposite Party/s =================================================== Appearance :

For the Petitioner/s :

Mr. Sanjeev Kr. Mishra, Advocate For the Opposite Party/s:

Mr. S. Raza Ahmad(AAG 5) :

Mr. Alok Ranjan (AC to AAG 5) ================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 10-08-2021 The instant case has been taken up for consideration through the mode of Video Conferencing in view of the prevailing situation on account of COVID-19 Pandemic, requiring social distancing.

The present writ petition has been filed for quashing the order dated 26.04.2021, passed by the Sub-Divisional Officer, Sadar, Bagaha West Champaran, whereby and whereunder the P.D.S. licence of the petitioner bearing licence no. 111/2007 has been cancelled.

The learned counsel for the respondent- State has raised a preliminary objection by submitting that there is a provision of appeal under Rule 32 of the Bihar Targeted P.D.S. (Control) Order, 2016, hence the petitioner may first approach the appellate authority.

Accordingly, the learned counsel for the petitioner seeks liberty to file an appeal. Liberty so sought, is granted. Consequently, the present writ petition stands disposed of with liberty to the petitioner to file an appropriate appeal before the appellate authority against the order dated 26.04.2021, passed by the Sub-Divisional Officer, Sadar, Bagaha at West Champaran and in case, such an appeal is filed within a period of four weeks from today, the same shall be disposed of by the appellate authority on merits, without being impeded by the issue of limitation, by a reasoned and speaking order, in accordance with Law, within a period of eight weeks, thereafter. (Mohit Kumar Shah, J) rinkee/- U