Patna High CourtCWJC/338/2021disposed

Ashok Kumar v. The State Of Bihar Through The Principal Secretary,

2021-09-14Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No. 338 of 2021 ============================================= Ashok Kumar, aged about 47 years (Male), S/o Ram Bhajan Jamadar, resident of village-Jhaphandih Jhapaha, P.S. Ahiyapur, District-Muzaffarpur --------- Petitioner

Versus

1. The State of Bihar through the Principal Secretary, Department of Food & Consumer protection, Bihar, Patna

2. The District Magistrate, Muzaffarpur

3. The Sub-Divisional Officer, East, District-Muzaffarpur

4. The District Supply Officer, Muzaffarpur --------- Respondents ============================================= Appearance:- For the Petitioner :- Mr. Raju Kumar, Advocate For the State :- Mr. Alok Ranjan, AC to AAG-5 ============================================= CORAM:HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER

3. 14.09.2021 The instant case has been taken up for consideration through the mode of Video conferencing in view of the prevailing situation on account of COVID 19 Pandemic, requiring social distancing.

The present writ petition has been filed for quashing the order dated 28.07.2020 passed by the Sub Divisional Officer, East

Muzaffarpur, whereby the PDS license of the petitioner bearing License No. 23-01-03-02-2016, has been cancelled. At the outset, the learned counsel for the petitioner seeks to file an appeal under Rule 32(iii) of the Bihar Targeted PDS (Control) Order, 2016.

The learned counsel for the respondent-State Shri Alok Ranjan, AC to AAG-5 has got no objection.

Accordingly, the present writ petition stands disposed off with liberty to the petitioner to file an appeal against the impugned order dated 28.07.2020, passed by the Sub Divisional Officer, East Muzaffarpur and in case such an appeal is filed within a period of six weeks from today, the appellate authority shall consider the same on merits, without being impeded by the issue of limitation and shall dispose of the same within a period of eight weeks thereafter, by a reasoned and a speaking order, in accordance with law.

(Mohit Kumar Shah, J) S.Sb/-