Hira Lal Singh v. The State Of Bihar Through The Principle Secretary,

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14604 of 2021 ====================================================== Hira Lal Singh S/O - Late Jagdish Singh, Resident of Village - Habaspur, P.S. - Shahpur, District - Patna, Bihar.

... ... Petitioner/s

Versus

1.

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

The District Magistrate, Patna.

3.

The Sub Divisional Officer, Danapur, Patna.

4.

The Block Development Officer cum Block Supply Officer, Danapur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Ms. Preety Kunwar, Advocate Mr. Mithilesh Kumar Upadhyay, Advocate For the Respondent/s :

Mr. Arvind Ujjwal (SC 4) ====================================================== 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 the following relief(s):- "For quashing Memo No.66 dated 20.01.2020 passed by the S.D.O., Danapur and the Order dated 06.02.2021 passed by the learned District Magistrate in appeal by which P.D.S. License No.27/2016 of the

2/4 petitioner has been cancelled."

After the matter was heard for some time, learned counsel appearing on behalf of the petitioner, under instructions, states that petitioner may be permitted to prefer revision against the impugned order before the Revisional Authority.

Permission granted.

Learned counsel for the respondents states that if such revision is preferred within a period of four weeks from today, the issue of limitation shall neither be raised nor allowed to come in the way of adjudication of the revision on merits.

Statement accepted and taken on record.

As such, petition stands disposed of in the following terms:- (a) Petitioner is permitted to prefer revision within a period of four weeks from today;

(b) In the event of revision being preferred within a period of four weeks from today, the issue of limitation shall not come in the way of adjudication of the revision on merits;

3/4 (c) Opportunity shall be granted to the parties to place on record all essential documents and materials, if so required and desired;

(d) Petitioner through learned counsel undertakes to fully cooperate and not take unnecessary adjournment; (e) The Revisional Authority shall decide the revision on merits, in compliance of the principles of natural justice;

(f) The Revisional Authority shall pass a reasoned and speaking order within a period of eight weeks from the date of filing of the revision, copy whereof be supplied to the parties;

(g) Equally, liberty reserved to the parties to take recourse to such other remedies as are otherwise available in accordance with law;

(h) We are hopeful that as and when petitioner takes recourse to such remedies, as are otherwise available in law, before the appropriate forum, the same shall be dealt with, in accordance with law and with reasonable dispatch; (i) We have not expressed any opinion on merits and all issues are left open;

4/4 (j) If necessary, proceedings during the time of current Pandemic [Covid-19] would be conducted through digital mode;

The instant petition sands disposed of in the aforesaid terms.

Interlocutory Application(s), if any, also stands disposed of.

(Sanjay Karol, CJ) ( S. Kumar, J) Sujit/chn/- AFR/NAFR CAV DATE Uploading Date 22.01.2022 Transmission Date