Lalan Prasad v. The State Of Bihar Through The Secretary,

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3366 of 2021 ====================================================== Lalan Prasad S/o Sitaram Prasad, Resident of Village-Jorarpur, P.S.- Deepnagar, District-Nalanda.

... ... Petitioner/s

Versus

1.

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

2.

The Collector, Nalanda at Biharsharif.

3.

The Sub Divisional Officer, Biharsharif, Nalanda. 4.

The Block Supply Officer, Biharsharif, Nalanda. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Dhananjaya Nath Tiwari For the Respondent/s :

Mr. S.Raza Ahmad, AAG 5 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJAN GUPTA and HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER (Per: HONOURABLE MR. JUSTICE RAJAN GUPTA) 17-02-2022 Heard the learned counsel for the petitioner and Sri S.Raza Ahmad, learned AC to SC 4 appearing for the State.

Though, the present petition has been filed for quashing the order dated 06.06.2020, passed by the Sub Divisional Officer, Biharsharif, whereby and where-under the license of the P.D.S. shop of the petitioner bearing License no. 45 of 2016 has been cancelled but at the outset, the learned counsel for the petitioner seeks liberty on

Patna High Court CWJC No.3366 of 2021(3) dt.17-02-2022 2/2 behalf of the petitioner to prefer an appeal before the appellate authority under Rule 32(iii) of the Bihar Targeted Public Distribution System (Control) Order, 2016.

The learned counsel for the respondentState has got no objection. Having regard to the facts and circumstances of the case, the present writ petition stands disposed of with liberty to the petitioner to file appropriate appeal before the appellate authority against the order dated 06.06.2020, passed by the Sub Divisional Officer, Biharsharif and in case, such an appeal is filed within a period of four weeks from today, the same shall be decided on merits, in accordance with law, by a reasoned and a speaking order, within a period of eight weeks, thereafter.

(Rajan Gupta, J) ( Mohit Kumar Shah, J) Tiwary/- U