Bachchu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14545 of 2021 ====================================================== Bachchu Yadav Son of Sukhdeo Yadav, Resident of village - Sahiya, P.S. Jhajha, District - Jamui.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Principal Secretary Food and Consumer Protection Department, Bihar, Patna.

3.

The District Magistrate, Jamui.

4.

The Sub-Divisional Officer, Jamui.

5.

The Block Supply Officer, Jhajha, Jamui.

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

For the Petitioner/s :

Mr.Rajesh Kumar Sinha, Advocate For the Respondent/s :

Mr.Arvind Ujjwal (SC 4) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER (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.) 20-01-2022 Petitioner has prayed for the following relief(s): "(i)For quashing the impugned order as contained in memo no.899 dated 29.8.19 passed by the Sub-Divisional Officer, Jamui whereby and whereunder the PDS Licence of the petitioner has been suspended on the ground of an F.I.R.

has been lodged against the petitioner and said that after giving opportunity lawful action will be taken within 180 days but till date no notice no show cause has been issued nor any order has been passed, which is against the principle of natural justice, illegal and contrary to the law hence the impugned order is fit to be set aside.

(ii) Further after quashing the impugned order the respondent may be directed to renew his license and to

Patna High Court CWJC No.14545 of 2021(2) dt.20-01-2022 2/2 allow the petitioner to lift the food grains. (iii) To grant any other relief to the petitioner which the petitioner may be found entitled to get in the eye of law."

After the matter was heard for some time, learned counsel for the petitioner, under instruction, states that petitioner shall be content if the present petition is disposed of with liberty to take recourse to appropriate proceeding under the Bihar Targeted Public Distribution System (Control) Order, 2016. Prayer allowed.

All issues of fact and law are left open.

The petition is disposed of with the liberty aforesaid. If such proceeding is initiated within four weeks, issue of limitation shall not come in the way and the proceeding shall be concluded within a period of three months from the date of its presentation.

Interlocutory application, if any, shall also stand disposed of.

(Sanjay Karol, CJ) ( S. Kumar, J) K.C.Jha/chn U