Suresh Singh @ Suresh Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11605 of 2019 ====================================================== Suresh Singh @ Suresh Kumar Singh S/o Ram Balak Singh Resident of Village- Noornagar, Kahi, Panchayat- Rampur Noor Nagar, P.S.- Jalalpur, District- Saran.

... ... Petitioner/s

Versus

1.

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

2.

The Collector, Saran at Chapra.

3.

The Sub- Divisional Officer, Sadar, Chapra.

4.

The Block Supply Officer, Jalalpur, Chapra.

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

For the Petitioner/s :

Mr. N. K. Agarwal, Sr. Advocate Mr. Dhananjaya Nath Tiwari, Advocate Mr. Arvind Kumar, Advocate For the Respondent/s :

Mr. Upendra Pratap Singh, AC to SC-4 ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR and HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER (Per: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR) 03-01-2023 Heard the learned counsel for the parties.

Pursuant to the petitioner having been made accused in a criminal case, his licence was suspended under Clause 28 of the Bihar Targetted Public Distribution System (Control) Order, 2016. Ever since then, no notice has been served upon the petitioner.

However, Mr. N. K. Agarwal, the learned Senior Advocate for the petitioner fairly concedes that this writ application was filed in 2019 and he is not aware of the latest

Patna High Court CWJC No.11605 of 2019(2) dt.03-01-2023 2/2 position, namely, whether any final order has been passed. In any event, the petitioner has not been served with any notice. Under the aforesaid circumstances, we direct the licensing authority to serve notice on the petitioner within a period of 30 days from the date of receipt/production of a copy of this order, which shall be accepted by the petitioner without any demur and he shall reply to the same within a further period of 15 days.

On receipt of such reply by the petitioner, the licensing authority shall pass a final order within next 60 days but not without giving reasons in support of his conclusions. It is also made clear, however, that in case any final order has already been passed, this order shall not be given effect to and in that event if the petitioner remains dissatisfied, he could avail of his remedies available under the Bihar Targeted Public Distribution System (Control) Order, 2016. The petition stands disposed of accordingly.

(Ashutosh Kumar, J) ( Satyavrat Verma, J) Sunil/Rishi/- U