Shiv Shankar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10800 of 2020 ====================================================== Shiv Shankar Yadav Son of Dori Yadav Resident of Village- Prasotimpur, Post- Sano, P.S.- Rajaoun, Dist.- Banka.

... ... Petitioner/s

Versus

1.

The State of Bihar Through the Chief Secretary, Govt. of Bihar, Patna. 2.

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

3.

The District Magistrate Banka.

4.

The Sub- Divisional Officer Sadar Banka, District- Banka. 5.

The Block Supply Officer Block- Rajoun, District- Banka. 6.

The District Supply Officer Banka.

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

For the Petitioner/s :

Mr. Chandrasekhar Sharma, Advocate Mr. Dhirendra Nath Jha, Advocate For the Respondent/s :

Mr. Arvind Ujjwal, SC-4 ====================================================== 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 counsel for the petitioner, after some arguments, seeks permission to withdraw this application with a liberty to prefer appeal against the impugned order passed by the Licensing Auhority-cum-Sub-Divisional Officer, Banka, whereby the petitioner's licence under Bihar Targeted Public

Patna High Court CWJC No.10800 of 2020(3) dt.19-01-2022 2/2 Distribution System (Control) Order, 2016, has been cancelled. The said order was passed on 27.05.2020.

This application is accordingly dismissed as withdrawn with a liberty to the petitioner to prefer appeal before the Appellate Authority.

As the impugned order was passed by the Licensing Authority on 27.05.2020, and the petitioner approached this Court by filing the present writ application on 31.12.2020, in the prevailing Covid pandemic situation, it is observed that if the petitioner prefers his appeal within 4 weeks from today, with an application for condonation of delay, the Appellate Authority shall decide the petitioner's appeal on merits, favourably considering the application seeking condonation of delay. It goes without saying that the Appellate Authority shall be required to decide the appeal within the time as prescribed under the Bihar Targeted Public Distribution System (Control) Order, 2016.

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