Ram Kumar Rai v. The State Of Bihar, Through The Secretary

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1943 of 2021 ====================================================== Ram Kumar Rai S/o Late Jugi Rai R/O Village Fatahpur Panchayat, Bara Jagannath, Block- Mushahari, P.S. - Ahiyapur, District- Muzaffarpur. ... ... Petitioner/s

Versus

1.

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

2.

The Collector, Muzaffarpur.

3.

The Sub-divisional Officer (East), Muzaffarpur. 4.

The District Supply Officer, Muzaffarpur.

5.

The Block Supply Officer, Mushashari, Muzaffarpur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Prem Prakash Poddar, Advocate 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 Heard learned counsel for the parties.

The present writ petition has been filed for quashing the order dated 28.04.2020 passed by the Sub-Divisional Officer (East), Muzaffarpur, whereby and whereunder the PDS license of the petitioner bearing License No. 23-01-06-01/2016 has been cancelled.

At the outset, learned counsel for the petitioner seeks liberty to file appropriate appeal under Rule 32(iii) of the Bihar Targeted PDS (Control) Order, 2016.

Learned counsel for the State has no objection.

Patna High Court CWJC No.1943 of 2021(2) dt.02-12-2021 2/2 Having regard to the facts and circumstances of the case, we dispose off the present writ petition with liberty to the petitioner to approach the appellate authority by filing appropriate appeal against the aforesaid order dated 28.04.2020 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 dispose off the same, in accordance with law, by a reasoned and a speaking order, within a period of eight weeks, thereafter, without being impeded by the issue of limitation. (Rajan Gupta, J) (Mohit Kumar Shah, J) S.Sb/- U