Rakesh Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10821 of 2020 ====================================================== Rakesh Kumar Yadav Son of Late Upendra Prasad Yadav @ Upendra Yadav Resident of Village - Bharako, P.S. - Amarpur, District- Banka. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary Food and Consumer protection Department, Government of Bihar, Patna. 2.

The District Magistrate-Cum-Collector, Patna. 3.

The Licensing Authority-cum-Sub-Divisional Officer, Banka, DistrictBanka. 4.

The Assistant District Supply Officer, Banka, District Banka. 5.

The Block Supply Officer, Amarpur, District - Banka. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ashok Kumar Chaudhary, Sr. Advocate Mr. Bhola Kumar, 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) 19-01-2022 This application has been taken up for online hearing through video conference because of COVID-19 pandemic restrictions.

Learned Senior counsel appearing on behalf of the petitioner agrees that the petitioner has not availed statutory remedy against the order of the Sub-Divisional Officer-cumLicensing Authority, Banka, whereby the petitioner's licence to run a Fair Price Shop under the Bihar Targeted Public

Patna High Court CWJC No.10821 of 2020(3) dt.19-01-2022 2/2 Distribution System (Control) Order, 2016, has been cancelled. As requested by him, this application is disposed of with a liberty to the petitioner to prefer an appeal against the impugned order dated 03.08.2020, before the Appellate Authority. The petitioner has filed this writ application on 31.12.2020.

Considering the facts and circumstances, it is observed that, if the petitioner files an appeal within four weeks from today, before the Appellate Authority, with an application condonation of delay, the Appellate Authority shall liberally consider the application seeking condonation of delay and decide the petitioner's appeal on merits within the time prescribed under the Bihar Targeted Public Distribution System (Control) Order, 2016.

(Chakradhari Sharan Singh, J) ( Madhuresh Prasad, J) K.K.RAO/- U