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Patna High CourtCWJC/10178/2020disposed

Md. Iliyas v. The State Of Bihar

2021-11-29Mr. Justice Rajan Gupta,Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10178 of 2020 ====================================================== Md. Iliyas Son of Md. Samsuddin Resident of Village-Kharahara, P.S.- Barahat, District-Banka.

... ... Petitioner/s

Versus

1.

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

The District Magistrate, Banka 3.

The Sub-Divisional Officer, Banka, District-Banka. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajeev Kumar Labh For the Respondent/s :

Mr.Lalit Kishore (Ag) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJAN GUPTA and HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER (Per: HONOURABLE MR. JUSTICE RAJAN GUPTA) 29-11-2021 The present writ petition has been filed seeking quashing of the order contained in memo dated 18.6.2020 passed by the Sub-Divisional Officer, Banka whereby and whereunder the license of the PDS shop of the petitioner bearing license no. 47/12 has been cancelled.

At the outset, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to prefer an appeal under Rule 32(iii) of the Bihar Targeted Public Distribution System (Control) Order, 2016.

Patna High Court CWJC No.10178 of 2020(2) dt.29-11-2021 2/2 The learned counsel for the RespondentState has got no objection. Accordingly, the present writ petition stands disposed of with liberty to the petitioner to file appeal under Rule 32(iii) of the Bihar Targeted Public Distribution System (Control) Order, 2016 and in case, such an appeal is filed within a period of four weeks from today, the appellate authority shall decide the same on merits, in accordance with law and pass a reasoned and a speaking order within a period of eight weeks, thereafter.

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