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Patna High CourtCWJC/624/2021disposed

Md. Farman v. The State Of Bihar

2021-10-25Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.624 of 2021 ====================================================== Md. Farman Son of Late Md. Mastulli @ Md. Satuli Resident of VillageJogni, P.O.- Mirzapur, P.S.- Shambhuganj, District- Banka. ... ... Petitioner/s

Versus

1.

The State of Bihar Through the 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- cum- Collector Banka. 4.

The Sub- Divisional Officer Banka.

5.

The District Supply Officer Banka.

6.

The Assistant District Supply Officer Banka.

7.

The Inspector Weight and Measure Banka.

8.

The Block Supply Officer Shambhuganj, District- Banka. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Md. Nurul Hoda, Advocate For the Respondent/s :

Mr. Dhurjati Kr. Prasad, GP 14 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 25-10-2021 Heard the learned counsel for the petitioner and Sri Dhurjati Kr. Prasad, learned GP 14 appearing for the State. The present writ petition has been filed for quashing the order dated 16.11.2016, passed by the Sub Divisional Officer, Banka, whereby and whereunder the P.D.S. license of the shop of the petitioner bearing License no. 38 of 2012 has been cancelled. The petitioner has also prayed for quashing of the appellate order dated 10.01.2020.

At the outset, the learned counsel for the respondent

Patna High Court CWJC No.624 of 2021(2) dt.25-10-2021 2/2 State has submitted that there is a provision of preferring a revision, under Rule Rule 32(vi) of Bihar Targeted Public Distribution System (Control) Order, 2016, against the aforesaid orders dated 16.11.2016 and 10.01.2020. At this juncture, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to file appropriate revision petition. The learned counsel for the respondent State has got no objection.

Accordingly, the present writ petition stands disposed off as not pressed, however with liberty to the petitioner to file appropriate revision petition before the concerned authority and in case, such a petition is filed within a period of four weeks from today, the same shall be adjudicated on merits, without being impeded by the issue of limitation and a reasoned and a speaking order shall be passed within a period of eight weeks, thereafter.

(Mohit Kumar Shah, J) rinkee/- U