Shatrughan Safi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No 10728 of 2020 ====================================================== Shatrughan Safi S/o Chulhai Safi Resident of Ward No.15, VillageKasiyauna, Rajnagar, P.S.- Rajnagar, District- Madhubani- 847235. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Department of Food, Supply and Commerce, Government of Bihar, Secretariat, Patna- 800001. 2.

The Collector cum District Magistrate, Madhubani, District- Madhubani. 3.

The Sub-Divisional Officer, Sadar Madhubani, Sub-Divisional Office Madhubani, District- Madhubani.

4.

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

For the Petitioner/s :

Mr Rabindra Nath Kanth, Advocate For the Respondent/s :

Mr Arvind Ujjwal, SC IV ====================================================== CORAM: HONOURABLE MR JUSTICE CHAKRADHARI SHARAN SINGH and HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER (Per: HONOURABLE MR JUSTICE CHAKRADHARI SHARAN SINGH) 11-01-2022 This case has been taken up for online hearing through video-conference because of COVID 19 pandemic restrictions.

Heard learned counsel for the parties.

The petitioner has assailed an order dated 14.01.2020 issued by Sub-Divisional Officer, Sadar Madhubani whereby his fair price shop licence bearing Licence No 62 of 2017 has been cancelled.

It is the specific case of the petitioner that immediately after passing of the impugned order, he filed an appeal before the District Magistrate, Madhubani giving rise to

Patna High Court CWJC No.10728 of 2020(2) dt.11-01-2022 2/2 Supply Apply No 56 of 2019-20 which has yet not been decided.

Mr Rabindra Nath Kanth, learned counsel appearing on behalf of the petitioner has argued that the impugned order passed by the licensing authority is patently illegal and in violation of principles of natural justice.

Be that as it may, considering the petitioner's specific statement made in the writ petition that he has filed an appeal before the District Magistrate, Madhubani, this application is disposed of with a direction to the District Magistrate, Madhubani to decide the said appeal by passing final order within four weeks from the date of receipt/production of a copy of this order.

The appellate authority shall be obliged to consider the points taken by the petitioner in his Memo of Appeal/representation against the order of the licensing authority.

(Chakradhari Sharan Singh, J) (Madhuresh Prasad, J) M.E.H./- U