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Patna High CourtCWJC/1648/2021disposed

Ramnath Singh v. The State Of Bihar

2022-02-02Mr. Justice Mohit Kumar Shah,Mr. Justice Rajan Gupta2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1648 of 2021 ====================================================== Ramnath Singh Son of Ganga Ram Singh, Resident of Village - Bishun Tola, Jalalpur, P.S. Muffasil, District - Saran.

... ... Petitioner/s

Versus

1.

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

2.

The Collector, Saran at Chapra.

3.

The Sub-Divisional Officer, Sadar, Chapra.

4.

The Block Supply Officer, Sadar, Chapra.

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

For the Petitioner/s :

Mr. Subodh Kumar Jha, Advocate For the Respondent/s :

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJAN GUPTA and HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER (Per: HONOURABLE MR. JUSTICE RAJAN GUPTA) 02-02-2022 The matter has been heard via video conferencing. The petitioner is aggrieved by order dated 02.03.2020 passed by the Sub Divisional Officer, Sadar, Chapra, by which the PDS license of the petitioner has been cancelled. Though the order is appealable under Rule 32(iii) of the Bihar Targeted Public Distribution System (Control) Order, 2016, but no appeal was preferred by the petitioner. We feel that the matter needs to be heard by the competent authority. The limitation prescribed under the Rule for preferring the appeal has expired. The State has no serious

Patna High Court CWJC No.1648 of 2021(3) dt.02-02-2022 2/2 objection to the bar of limitation in case the petitioner files an appeal.

We, thus, dispose off this writ petition with direction that in case the petitioner prefers an appeal against the order impugned within two weeks, the competent authority will decide the same within four weeks without being prejudiced by the period of limitation.

The writ petition stands disposed off.

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