Om Prakash v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3357 of 2014 =========================================================== Om Prakash, S/O Late Lakhan Prasad, Resident of Mohalla- Bichli Dhandak, Biharsharif Town, P.S- Bihar, District- Nalanda. .... .... Petitioner

Versus

1. The State of Bihar

2. The Collector, Nalanda at Biharsharif.

3. The Sub- Divisional Officer, Biharsharif, Nalanda.

4. The Marketing Officer, Biharsharif Town Area, District- Nalanda. .... .... Respondents =========================================================== Appearance :

For the Petitioner/s : Mr. Pravin Kumar Sinha, Advocate For the Respondent/s : Mr. R.R.K. Pandey, SC-29 =========================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL JUDGMENT Date: 19-07-2016 Heard parties.

The petitioner seeks quashing of Annexure-3 which is an order dated 31.08.2013 passed by the Sub Divisional Officer, Biharsharif by which he has cancelled the licence granted to the petitioner for running a P.D.S. shop.

Learned Counsel for the State submits that the petitioner has approached this Court without availing the statutory remedy of appeal.

On such objection having been raised by the State, learned Counsel for the petitioner submits that the petitioner would be willing to prefer appeal.

Accordingly, this writ application is being disposed of

Patna High Court CWJC No.3357 of 2014 dt.19-07-2016 2/2 with liberty to the petitioner to avail the statutory remedy of appeal against the impugned order.

However, it is made clear that since this matter has remained pending since February, 2014, therefore, if the appeal is preferred within three months, let the same be considered on its own merit and in accordance with law without considering the issue of delay/limitation.

(Dr. Ravi Ranjan, J) Narendra/- AFR/NAFR NAFR CAV DATE N.A.

Uploading Date 16.09.2016 Transmission Date N.A.