Ram Udgar Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13118 of 2021 ====================================================== Ram Udgar Ram Son of Late Saryug Ram, Resident of Village, Ward No. 12 Yadav Tola near Main Road, Marhiya, P.S. Basopatti, District-Madhubani. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Civil Food Supply and Consumer Protection Department, Govt. of Bihar, Patna. 2.

The Divisional Commissioner, Darbhanga.

3.

The District Magistrate, Madhubani.

4.

The District Supply Officer, Madhubani.

5.

The Sub Divisional Officer, Jaynagar, Madhubani. 6.

The Block Supply Officer, Basopatti, Madhubani. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ravi Prakash, Advocate For the Respondent/s :

Mr.S. Raza Ahmad, AAG-5 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) (The proceedings of the Court are being conducted by Hon'ble the Chief Justice/Hon'ble Judges through Video Conferencing from their residential offices/residences. Also the Advocates and the Staffs joined the proceedings through Video Conferencing from their residences/offices.) 12-01-2022 Petitioner has prayed for the following relief(s): "That this is an application for issuance of an appropriate writ(s), order(s) direction(s) for quashing the order bearing memo no. 2466162 dated 11.05.2021 no whereby and whereunder the licence no.27/2016 of Public distribution system shop of petitioner has been cancelled by the sub divisional officer Jaynagar Madhubani without considering the show cause of petitioner and after quashing

Patna High Court CWJC No.13118 of 2021(2) dt.12-01-2022 2/3 the abovesaid order dated 11.05.2021, respondents be directed to restore the licence of P.D.S. shop of petitioner and to grant any other reliefs for which petitioner may found entitled in accordance with law."

After some argument, learned counsel for the petitioner, under instruction, submits that petitioner shall be content if a direction is issued to the concerned authority to consider and decide the Appeal to be filed by the petitioner within a period of four weeks along with a copy of this order, within a period of six months from the date of its filing. Without expressing any opinion on merits of the claim, petition is disposed of with the liberty aforesaid. All issues on facts and law are left open.

Needless to say that while considering such request, principles of natural justice shall be followed and due opportunity of hearing afforded to the parties. If aggrieved by the said order, the petitioner shall have liberty to approach this Court by way of separate petition(s), if so required and desired.

Equally, liberty is reserved to the petitioner to take recourse to such alternative remedies as are otherwise available in accordance with law.

We are hopeful that as and when petitioner takes

Patna High Court CWJC No.13118 of 2021(2) dt.12-01-2022 3/3 recourse to such remedies, as are otherwise available in law, before the appropriate forum, the same shall be dealt with, in accordance with law and with reasonable dispatch. The petition stands disposed of in the aforesaid terms. Interlocutory application, if any, shall also stand disposed of.

(Sanjay Karol, CJ) ( S. Kumar, J) K.C.Jha/-chn U