Somnath Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14538 of 2021 ====================================================== Somnath Kumar, Male aged about 30 years Son of Late Daya Sagar Prasad, resident of Village - Haripur North, Police Station- Kaluahi, DistrictMadhubani. ... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

The Principal Secretary, Food and Civil Supply Department, Govt. of Bihar, Patna.

3.

The District Magistrate, Madhubani.

4.

The Sub-Divisional Officer, Sadar, Madhubani. 5.

The Block Supply Officer, Kaluahi, Block - Kaluahi, District - Madhubani. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjay Kumar Jha, Advocate Mr. Anant Kumar Bhaskar For the Respondent/s :

Mr. Lalit Kishore (A.G.) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) (The proceedings of the Court are being conducted by Hon'ble the Chief Justice/Hon'ble Judges through Video Conferencing from their residential offices/residences. Also the Advocates and the Staffs joined the proceedings through Video Conferencing from their residences/offices.) Date : 19-01-2022 Petitioner has prayed for prayed following relief(s):- "For issuance of appropriate writ or writs, direction or directions, order or orders, setting aside the order dated 6.7.2021 passed by the SubDivisional Officer, Sadar, Madhubani vide Memo No.920 dated 6.7.2021 by which licence of the P.D.S. shop of the petitioner has been cancelled".

Patna High Court CWJC No.14538 of 2021 dt.19-01-2022 2/3 After the matter was heard for some time, learned counsel for the petitioner does not want to press the present petition reserving liberty to file appeal before the appropriate authority.

Prayer allowed.

He may do so within a period of four weeks.

Learned counsel for the State states that if any such appeal is preferred by the petitioner within the aforesaid period, limitation shall not come in the way and the appeal shall be heard on merits, to be decided within a period of three months from the date of its filing. We only hope and expect the appropriate authority to consider and decide the appeal on its own merit and with reasonable dispatch.

We clarify that we have not expressed any opinion on facts and law. All issues are left open.

Learned counsel for the parties undertake not to take any unnecessary adjournment in such proceedings. The present petition stands disposed of with the liberty aforesaid.

Interlocutory application, if any, shall also stand

Patna High Court CWJC No.14538 of 2021 dt.19-01-2022 3/3 disposed of.

(Sanjay Karol, CJ) ( S. Kumar, J) chn/- AFR/NAFR CAV DATE Uploading Date 21.01.2022 Transmission Date