Patna High CourtCWJC/3063/2021disposed

Jawahar Lal Rajak v. The State Of Bihar Through The Principal Secretary,

2021-09-24Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL WRIT JURISDICTION CASE NO. 3063 of 2021 ====================================================== Jawahar Lal Rajak son of late Saryug Rajak, R/O Sahu Road Chatrabhuj Ram Memorial Trust, P.S. Town, District Muzaffarpur.

... ... Petitioner/s

Versus

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

2. The District Magistrate, Muzaffarpur.

3. The Sub-Divisional Officer, East, District Muzaffarpur.

4. The District Supply Officer, Muzaffarpur.

... ... Respondent/s ===================================== Appearance:

For the Petitioner/s : Mr. Raju Kumar Goswami, Adv.

For the Respondent/s : Mr. Upendra Pratap Singh, AC to SC-4 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 24-09-2021 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 of the order dated 6.7.2020 passed by the SubDivisional Officer, East Muzaffarpur, whereby and where under the PDS license of the petitioner bearing license No.

23-17-39-06/2016 has been cancelled.

At the outset, the Ld. Counsel for the petitioner seeks liberty to file appropriate appeal under Rule 32 (iii) of the Bihar Targeted PDS (Control) Order, 2016. The Ld. Counsel for the respondent State, Shri Upendra Pratap Singh, AC to SC-4 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 approach the appellate authority by filing appropriate appeal against the aforesaid order dated 6.7.2020 and in case such an appeal is filed within a period of four weeks from today, the appellate authority shall consider the same on merits and dispose it, in accordance with law, by a reasoned and a speaking order, within a period of eight weeks, thereafter.

(Mohit Kumar Shah, J) Tiwary/-