Nand Kishore Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14864 of 2021 ====================================================== Nand Kishore Sharma Son of Sukhdev Sharma resident of Ward 6, Harpur Mohamda, P.S.- Harpur, District- Samastipur- 848125 (Bihar) ... ... Petitioner/s

Versus

1.

The State of Bihar through District Magistrate, Samastipur 2.

The District Magistrate, Samastipur 3.

The Sub Divisional Magistrate cum Licensing Authority, Samastipur. 4.

The Block Supply Officer, Samastipur.

5.

The Additional District Magistrate, Supply, Samastipur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Apurva Kumar, Adv.

Mr.Dilip Kumar Roy, Adv.

For the Respondent/s :

Mr.Lalit Kishore ( Ag ) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJAN GUPTA and HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER (Per: HONOURABLE MR. JUSTICE RAJAN GUPTA) 08-03-2022 Heard the learned counsel for the petitioner and learned counsel appearing for the State.

Though the present petition has been filed for quashing the order dated 18.8.2020, passed by the Sub Divisional Officer, Samastipur, whereby and whereunder the license of the P.D.S. shop of the petitioner bearing License no. 266 of 2007 has been cancelled but at the outset, the learned counsel for the petitioner seeks liberty on behalf of

Patna High Court CWJC No.14864 of 2021(2) dt.08-03-2022 2/2 the petitioner to prefer an appeal before the appellate authority under Rule 32(iii) of the Bihar Targeted Public Distribution System (Control) Order, 2016.

The learned counsel for the respondentState 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 before the appellate authority against the order dated 18.8.2020, passed by the Sub Divisional Officer, Samastipur and in case, such an appeal is filed within a period of four weeks from today, the same shall be decided on merits, in accordance with law, by a reasoned and a speaking order, within a period of eight weeks, thereafter.

(Rajan Gupta, J) ( Mohit Kumar Shah, J) Tiwary/-Ajay/- U