Raj Kumar v. The State Of Bihar And ORS

Patna High Court CWJC No.7710 of 2017 dt.12-02-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7710 of 2017 =========================================================== Raj Kumar Son of Late Dev Narayan Singh resident of Village - Khashpur, Panchayat Sonawan Police Station - Didarganj, Patna City, District - Patna. .... .... Petitioner

Versus

1. The State of Bihar through Principal Secretary, Department of Food and Consumer Protection, Government of Bihar, Patna.

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

3. The District Magistrate, Patna.

4. The Sub Divisional Officer, Patna City, Patna.

5. The Additional District Supply Officer, Patna City, Patna.

6. The Block Supply Officer, Khusrupur, Patna City, Patna. .... .... Respondents =========================================================== Appearance :

For the Petitioner/s : Mr. Ashok Kumar Karna For the Respondent/s : Mr. SANJAY KR.GIRI-GP9 =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 12-02-2018 The present writ petition has been filed for quashing of the order under memo no. 181 dated 07.04.2017 passed by the respondent no. 4 whereby and whereunder the licence of the petitioner has been cancelled and allotment had been stopped under the provisions of Public Distribution Control Order, 2001 which is not in existence and it had been repealed under the provision of Targeted Public Distribution System Control (Order), 2016; and for restoration of his Public Distribution System Licence.

2. At the very outset learned counsel for the petitioner states that it will suffice if the petitioner is granted liberty to pursue his remedy of appeal against the impugned order, in which event, the writ petition need not be pressed.

Patna High Court CWJC No.7710 of 2017 dt.12-02-2018

3. Having regard to the nature of the stand of the petitioner, the writ petition stands dismissed with liberty to petitioner to seek remedy of appeal before the appropriate forum as may be available in accordance with law.

4. It is made clear that in case such an appeal is filed, the concerned authority would have regard to the present proceeding being pursued by the petitioner while considering any issue relating to condonation of delay, if applicable.

(Vikash Jain, J) Chandran/BT AFR/NAFR NAFR CAV DATE NA Uploading Date 15.02.2018 Transmission Date NA