Patna High CourtCWJC/15049/2021disposed

Kajal Kumari v. The State Of Bihar Through The Principal Secretary,

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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL WRIT JURISDICTION CASE NO. 15049 of 2021 ====================================================== Kajal Kumari W/O Sri Shiv Shankar Kumar Paswan, Resident of Village- Asgaon, Ward No. 11, Post Milkichak, Block Bahadurpur, District Darbhanga.

... ... Petitioner/s

Versus

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

2. Additional Secretary, Food and Consumer Protection Department, Bihar, Patna.

3. The Collector, Darbhanga.

4. The Licensing Officer-cum- Sub-Divisional Officer, Sadar, Darbhanga.

5. The Assistant District Supply Officer-cum- Block Supply Officer, Bahadurpur, Darbhanga.

... ... Respondent/s ===================================== Appearance:

For the Petitioner/s : Mr. Kaushalesh Choudhary, Adv.

For the Respondent/s : Mr. Alok Ranjan, AC to AAG-5 ====================================================== 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 20.06.2020 passed by the Sub-

Divisional Officer, Udakishunganj, District Madhepura, whereby and where under the PDS license of the petitioner bearing license No. 218 of 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 Alok Ranja, AC to AAG-5 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 20.06.2020, passed by the Sub-Divisional Officer, Udakishunganj, District Madhepura 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/-