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Patna High CourtCWJC/101/2021disposed

Parmanand Yadav v. The State Of Bihar

2021-09-02Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No. 101 of 2021 ====================================================== PARMANAND YADAV Son of Late Mahendra Prasad Yadav Resident of Village- Bharko, 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, Banka 3.

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

The Assistant District Supply Officer, Banka 5.

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

For the Petitioner/s :

Mr. Bhola Kumar, Adv.

For the Respondent/s :

Mr. Upendra Pratap Singh (AC to SC 4) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 02-09-2021 The instant case has been taken up for consideration through the mode of Video conferencing in view of the prevailing situation on account of COVID 19 Pandemic, requiring social distancing.

The present writ petition has been filed for quashing the order dated 18.06.2020, passed by the Sub-Divisional Officer, Banka, whereby and whereunder the licence of the retail-cum-fair price shop of the petitioner bearing licence no. 31 of 2019 has been cancelled.

At the outset, the learned counsel for the petitioner seeks liberty to file an appeal before the appellate authority.

Patna High Court CWJC No.101 of 2021(2) dt.02-09-2021 2/2 Having regard to facts and circumstances of the case as also considering the fact that the learned counsel for the State Sri Upendra Pratap Singh (AC to SC 4) has got no objection, I deem it fit and proper to dispose of the present writ petition, with liberty to the petitioner to file an appeal against the order dated 18.06.2020, passed by the Sub-Divisional Officer, Banka and in case, such an appeal is filed within a period of four weeks from today, the appellate authority shall examine the same on merits and pass a reasoned and speaking order in accordance with law, within a period of 08 weeks, thereafter. (Mohit Kumar Shah, J) rinkee/- U