Rupchand Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3657 of 2021 ====================================================== Rupchand Chaudhary son of Late Mukhu Chaudhary resident of VillageKekhra, P.S. Guraru, District- Gaya. ... ... Petitioner/s

Versus

1.

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

2.

The District Magistrate, Gaya.

3.

The Sub- Divisional Officer, Tekari, Gaya.

4.

The Block Supply Officer, Guraru.

5.

The Block Development Officer, Guraru.

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

For the Petitioner/s :

Mr. Nand Kishore Prasad Sinha, Advocate For the Respondent/s :

Mr. S. Raza Ahmad, AAG-5 Mr. Awanish Nandan Sinha, GP-21 ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH and HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER (Per: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH) 24-01-2022 The matter has been taken up for online hearing through video conference because of COVID-19 pandemic restrictions.

An order dated 16.04.2020, passed by the SubDivisional Officer, Tekari, Gaya is under challenge in this application, whereby the petitioner's licence to run a fair price shop under Bihar Targeted Public Distribution System(Control) Order, 2016 [for short BTPDS(Control) Order, 2016], has been

Patna High Court CWJC No.3657 of 2021(4) dt.24-01-2022 2/2 cancelled. The petitioner has a remedy of appeal under the BTPDS(Control) Order, 2016.

Considering the facts and circumstances of this case, this application is disposed of with a liberty to the petitioner to prefer appeal against the impugned order. If any appeal is preferred within four weeks from today with an application seeking condonation of delay, it is expected that the Appellate Authority shall take a liberal view on the petitioner's application for condonation of delay, keeping in view the pandemic situation and the fact that the petitioner was pursuing his remedy before this Court by filing the present writ application and decide the petitioner's appeal on merits.

At this stage, we must note the provision under Rule 32 of BTPDS(Control) Order, 2016, which requires the Appellate Authority to dispose of the appeal within sixty days from the date of filing of the same.

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