Deo Chandra Roy v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No. 16113 of 2021 ====================================================== Deo Chandra Roy Son of Jaynandan Ray, Resident of Village Bishaul, Ward NO.07, P.O. Sukhet, P.S. Jhanjharpur, District-Madhubani. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary-Cum Commissioner, Departmetn of Food and Consumer Protection, Government of Bihar, Patna. 2.

The District Magistrate-Cum-Collector, Madhubani, 3.

The Sub-Divisional Officer-Cum-Licensing Authority, Jhanjharpur, Districrt Madhubani.

4.

The Block Supply Officer, Jhanjharpur.

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

For the Petitioner/s :

Mr. Arjun Kumar, Advocate For the Respondent/s :

Mr. Upendra Pratap Singh (AC to SC 4) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 24-09-2021 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 24.08.2021, passed by the SubDivisional Officer, Jhanjharpur, whereby and whereunder the P.D.S. license of the petitioner bearing License no. 27 of 1989 has been cancelled.

At the outset, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to file appropriate

Patna High Court CWJC No.16113 of 2021(2) dt.24-09-2021 2/2 appeal against the order dated 24.08.2021 before the appellate authority under Rule 32(iii) of Public Distribution System (Control) Order, 2016.

The learned counsel for the respondent- State Sri Upendra Pratap Singh ( AC to SC 4) has got no objection. Having regard to the facts and circumstances of the case, the present writ petition stands disposed of as not pressed, however with liberty to the petitioner to file appropriate appeal under Rule 32(iii) of the Bihar Targeted Public Distribution System (Control) Order, 2016 against the impugned order dated 24.08.2021 and in case, such an appeal is filed within a period of four weeks from today, the appellate authority shall consider the same on merits and pass a reasoned and a speaking order, in accordance with law, within a period of eight weeks, thereafter. (Mohit Kumar Shah, J) rinkee/- U