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Patna High CourtCWJC/14074/2021disposed

Ram Naresh Kumar Nirala, v. The State Of Bihar

2022-03-25Mr. Justice Madhuresh Prasad,Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14074 of 2021 ====================================================== Ram Naresh Kumar Nirala, S/o Jagdish Paswan, R/o Vill-Matukbigha, P.S.- Hasua, Distt. Nawada.

... ... Petitioner/s

Versus

1.

The State of Bihar District Magistrate cum Collector, Nawada at Nawada. 2.

The District Magistrate cum Collector, Nawada at Nawada. 3.

The S.D.M. cum S.D.O. Nawada Sub Division at Nawada. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Amresh Kumar Sinha, Advocate For the Respondent/s :

Mr.S Raza Ahmad ( AAG-5 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH and HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER (Per: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH) 25-03-2022 Without invoking the appellate provision under Rule 32 (iii) of Bihar Targeted Public Distribution System (Control) Order, 2016 the petitioner has approached this Court seeking quashing of an order dated 07.07.2021, passed by the SubDivisional Officer-cum-Licensing Authority, Nawada, whereby his licence to run a PDS shop under the said Control Order, 2016 has been cancelled.

Learned counsel for the petitioner, after some argument, seeks permission to withdraw this application with a liberty to prefer appeal against the impugned order.

Patna High Court CWJC No.14074 of 2021(2) dt.25-03-2022 2/2 We notice that the petitioner approached this Court by filing this writ application soon after the impugned order was passed on 07.07.2021.

This application is accordingly permitted to be withdrawn with an observation that if any appeal is preferred within four weeks from today with an application seeking condonation of delay in preferring the appeal, the same shall be decided by the Appellate Authority on merits after condoning the delay, keeping in mind the fact that the petitioner was pursuing his remedy before this Court by filing present writ application. The Appellate Authority shall be obliged to dispose of the petitioner's appeal within the time frame prescribed under the Control Order, 2016.

(Chakradhari Sharan Singh, J) ( Madhuresh Prasad, J) Rajesh/- U