Jang Bahadur Prasad Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No. 13594 of 2021 ====================================================== Jang Bahadur Prasad Gupta Son of Late Mahajan Sah, Ward No.14, Malahi Tola, Post Office-Koir Patti, Police Station-Dhumnagar, Disrict-West Champaran, Bihar-845404.

... ... Petitioner/s

Versus

1.

The State of Bihar through Principal Secretary, Department of Food and Consumer Protection, Government of Bihar, Patna. 2.

The District Magistrate, West Champaran, Bettiah. 3.

The Sub-Divisional Officer, Cum Licensing Officer, Bagaha, West Champaran, Bettiah.

4.

The Block Supply Officer, Bagaha, West Champaran, Bettiah. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Anand Kumar Ojha, Advocate For the Respondent/s :

Mr. S. Raza Ahmad (AAG 5) :

Mr. Alok Ranjan (AC to AAG 5) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 22-09-2021 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 the order dated 22.04.2021, passed by the Sub Divisional Officer- cum- Licensing Authority, Bagaha, West Champaran, whereby and whereunder the P.D.S. license of the petitioner has been cancelled.

Patna High Court CWJC No.13594 of 2021(2) dt.22-09-2021 2/2 At the outset, the learned counsel for the petitioner, Sri Anand Kr. Ojha seeks liberty on behalf of the petitioner to file an appeal against the aforesaid order dated 22.04.2021, before the appellate authority under Clause 32 (iii) of the Bihar Targeted Public Distribution System (Control) Order, 2016, however submits that a stipulated time frame be fixed for disposal of the same.

The learned counsel for the respondent- State Sri Alok Ranjan (AC to AAG 5) has got no objection.

Accordingly, the present writ petition stands disposed of with liberty to the petitioner to file appropriate appeal against the order dated 22.04.2021, passed by the Sub Divisional Officer- cum- Licensing Authority, Bagaha, West Champaran and in case, such an appeal is filed within a period of four weeks from today, the same shall be considered by the appellate authority on merits and a reasoned and a speaking order shall be passed, in accordance with law, within a period of eight weeks, thereafter.

(Mohit Kumar Shah, J) rinkee/- U