Rajeshwar Ram v. The State Of Bihar, Through The Secretry,

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3575 of 2021 ====================================================== Rajeshwar Ram, Son of Gani Ram, Resident of Village-Shobhipur, P.S. - Lahladpur, District- Saran.

... ... Petitioner/s

Versus

1.

The State of Bihar, through the Secretry, Department of Food and Consumer, Government of Bihar, Patna.

2.

The District Magistrate, Saran.

3.

The District Supply Officer, Saran.

4.

The sub Divisional Officer Sadar, Saran at Chapra. 5.

The Block Development Officer, Baniyapur, Saran. 6.

The Block Department Officer, Lahladpur, Saran. 7.

The Block Supply Officer, Lahladpur, Saran.

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

For the Petitioner/s :

Mr.Mrityunjay Kumar Tiwary, Advocate For the Respondent/s :

A.C. to A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH and HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER (Per: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH) 21-01-2022 The matter has been taken up for online hearing through video conference because of COVID-19 pandemic restrictions.

The petitioner's licence granted under Bihar Targeted Public Distribution System (Control) Order, 2016 (in short, "Control Order") has been cancelled by an order dated 05.02.2020 passed by the Sub-Divisional Officer-cum-Licensing Authority, Sadar Chapra, which is under challenge in the present

Patna High Court CWJC No.3575 of 2021(2) dt.21-01-2022 2/2 writ application.

This writ petition came to be filed nearly one year after passing of the said order. Admittedly, the petitioner did not file any appeal against the said order before the appellate authority.

Learned counsel for the petitioner has submitted that because of COVID-19 pandemic, the petitioner cannot prefer appeal within time.

Be that as it may, considering the facts and circumstances, this application is disposed of with a liberty to the petitioner to approach the appellate authority by filing an appeal with an application seeking condonation of delay. If he does so, the appellate authority shall liberally consider the application for condonation of delay and decide the petitioner's case on appeal within the period prescribed under the Control Order.

(Chakradhari Sharan Singh, J) (Madhuresh Prasad, J) PNM U