Mohan Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1922 of 2021 ====================================================== Mohan Rai Son of Late Vasudev Rai Resident of Village- Katghara, P.s.- Gogri, District- Khagaria ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The District Magistrate, Khagaria 3.

The Sub Divisional Officer, Sub-Division- Gogri, District- Khagaria 4.

The Block Supply Officer, Block- Gogri Cum Block Development Officer, Gogri, District- Khagaria ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Surya Narayan Sah 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) 02-12-2021 The present writ petition has been filed for quashing of the order dated 7.1.2020, passed by the Sub-Divisional Officer, Gogri, whereby and whereunder the license of the petitioner bearing License no. 50G/2007 has been suspended.

The short point raised by the petitioner for consideration is that as per Rule 28 of Bihar Targeted Public Distribution System (Control) Order, 2016, the period of suspension cannot survive beyond a period of 180 days and

Patna High Court CWJC No.1922 of 2021(2) dt.02-12-2021 2/3 during the said period of 180 days of suspension of the license, a final order has to be passed but the same has not been passed in the present case, hence the order dated 7.1.2020 stands vitiated in the eyes of law.

The learned counsel for the respondentState submits that in case, it transpires subsequently that the final order has already been passed in the present case, liberty be granted to the respondents to move this Court for the purposes of modification/ recall of the order being passed today.

Liberty so sought, is granted.

Having regard to the facts and circumstances of the case and considering the provisions contained in Rule of Bihar Targeted Public Distribution System (Control) Order, 2016, this Court finds that the period of suspension of the P.D.S. license of the petitioner has exceeded a period of 180 days, however no final decision has been taken and secondly, the petitioner has already been granted the privilege

Patna High Court CWJC No.1922 of 2021(2) dt.02-12-2021 3/3 of anticipatory bail which indicates that neither the petitioner is a fugitive nor he has been sent to jail, hence, the impugned order dated 7.1.2020 stands vitiated in the eyes of law, thus is quashed. The writ petition stands allowed.

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