Shakaldeo Prasad Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11801 of 2022 ====================================================== Shakaldeo Prasad Yadav Son of Late Ballabh Yadav, Resident of Village - Pandey Bigha, P.S. Akbarpur, District - Nawada, Gram Panchayat Barail (Pandey Bigha).

... ... Petitioner/s

Versus

1.

The State of Bihar through the Secretary, Food and Civil Supply, Bihar, Patna.

2.

The District Magistrate, Nawada.

3.

The District Supply Officer -cum-Sub-Divisional Officer, Rajauli, District - Nawada.

4.

The Block Supply Officer, Akbarpur, District - Nawada. 5.

The Assistant Godown Manager, Akbarpur, District - Nawada. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Surendra Kishore Thakur, Adv.

For the Respondent/s :

Mr. Alok Ranjan, Ac to Sc4 ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR and HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER (Per: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR) 17-01-2023 Heard Mr. Surendra Kishore Thakur, the learned Advocate for the petitioner and Mr. Alok Ranjan, the learned counsel for the State.

The petitioner has challenged the order of cancellation of license on several grounds, the primary one being that without any notice to him, the order was passed.

Patna High Court CWJC No.11801 of 2022(2) dt.17-01-2023 2/3 He further submits that the order cannot be sustained for the reason that a wrong reasoning has been given by the Licensing Authority that one of the grounds of cancellation of license is that the petitioner has not filed any application for restoration of his license after its suspension. In view of the facts of this case, we are not inclined to interfere with the order passed by the Licensing Authority for the reason that the petitioner has not exhausted his remedy of appeal under the Bihar Targeted Public Distribution System (Control) Order, 2016. For the aforenoted reason, we dismiss this petition but with an observation that in case the petitioner prefers an appeal within 30 days, the same shall be taken up by the Appellate Authority and after giving reasonable opportunity to the petitioner to represent his cause, a final order shall be passed within a period of next 60 days with reasons in support of the same.

The order so passed by the Appellate Authority shall be made available to the petitioner forthwith. With the aforesaid direction/observation, this writ

Patna High Court CWJC No.11801 of 2022(2) dt.17-01-2023 3/3 petition stands disposed of.

(Ashutosh Kumar, J) ( Satyavrat Verma, J) sharun/sunilU