Patna High CourtCWJC/359/2021disposed

Harilal Ray v. The State Of Bihar

2021-09-17Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL WRIT JURISDICTION CASE NO. 359 of 2021 ====================================================== Harilal Ray son of Late Tildhari Ray, Public Distribution System dealer Panchayat Pakahi, Block Kudhani, VillageWard No. 15, Baghi Gopi Nath, Baghi Gopalpur Nath, P.S. Kudhani, District Muzaffarpur.

... ... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary, Food and Civil Supply Department, Govt. of Bihar, Patna.

2. Sub-Divisional Magistrate, West Muzaffarpur.

3. The Incharge Block Supply Officer, Kudhani. ... ... Respondent/s ===================================== Appearance:

For the Petitioner/s : Mr. Shankar Kishore Shahi, Adv. For the Respondent/s :Mr. Upendra Pratap Singh, AC to SC-4 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 17-09-2021 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 seeking quashing of the order dated 13.04.2020 passed by the SubDivisional Officer, West Muzaffarpur, whereby and where under the PDS license of the petitioner bearing license No. 23150075/ 2008 has been cancelled.

At the outset, the Ld. Counsel for the petitioner seeks liberty to file appropriate appeal under Rule 32 (iii) of the Bihar Targeted PDS (Control) Order, 2016. The Ld. Counsel for the respondent State, Shri Upendra Pratap Singh, AC to SC-4 has got no objection. Having regard to the facts and circumstances of the case, the present writ petition stands disposed of with liberty to the petitioner to file appropriate appeal against the order dated 13.04.2020, passed by the Sub-Divisional Officer, West Muzaffarpur and in case, such an appeal is filed within a period of four weeks from today, the same shall be considered by the appellate authority on merits and a reasoned and a speaking order shall be passed, in accordance with law, within a period of eight weeks, thereafter.

(Mohit Kumar Shah, J) Tiwary/-