Dinesh Kumari Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16185 of 2021 ====================================================== Dinesh Kumari Rai Son of Late Ram Janam Rai, Resident of Village - Mohanpur Panchayat, Block - Mohanpur, P.S. - Raghopur, District - Vaishali at Hajipur.

... ... Petitioner/s

Versus

1.

The State of Bihar through Principal Secretary, Food and Civil Supply Department, Govt. of Bihar, Patna.

2.

The District Magistrate - Cum - Collector, Vaishali at Hajipur. 3.

The Sub-Divisional Officer, Hajipur.

4.

The Block Supply Officer, Raghopur.

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

For the Petitioner/s :

Mr.Akash Chaturvedi, Advocate For the Respondent/s :

Mr.Arvind Ujjwal (Standing Counsel-4) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJAN GUPTA and HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER (Per: HONOURABLE MR. JUSTICE RAJAN GUPTA) 09-03-2022 Heard the learned counsel for the petitioner and Sri Upendra Pratap Singh, learned AC to Standing Counsel-4 appearing for the State.

Though the present petition has been filed for quashing the order dated 17.01.2021 issued vide Memo No. 12 dated 18.01.2021, passed by the Sub-Divisional Officer, Hajipur whereby and whereunder the license of the P.D.S. shop of the petitioner bearing License no. 30 of 2016, has been cancelled but at the outset, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to prefer an appeal before the

Patna High Court CWJC No.16185 of 2021(2) dt.09-03-2022 2/2 appellate authority under Rule 32(iii) of the Bihar Targeted Public Distribution System (Control) Order, 2016. The learned counsel for the respondent- State 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 before the appellate authority against the order dated 17.01.2021 issued vide Memo No. 12 dated 18.01.2021, passed by the Sub-Divisional Officer, Hajipur and in case, such an appeal is filed within a period of four weeks from today, the same shall be decided on merits, in accordance with law, by a reasoned and a speaking order, within a period of eight weeks, thereafter.

(Rajan Gupta, J) ( Mohit Kumar Shah, J) S.Sb/- U