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Patna High CourtCWJC/2065/2021disposed

Heman Yadav v. The State Of Bihar

2021-12-03Mr. Justice Rajan Gupta,Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No. 2065 of 2021 ====================================================== Heman Yadav, Male aged about 68 years, Son of Jhakho Yadav, Resident of Village Magahi, P.O. Dighi, P.S. Luxamipur, District-Jamui. ... ... Petitioner/s

Versus

1.

The State of Bihar thorugh the Principal Secretary, Food and Consumer Protection Department, Government of Bihar.

2.

The District Supply Officer, Jamui.

3.

The Sub-Divisional Officer, Supply Department, Jamui. 4.

The Block Supply Officer, Luxamipur, Jamui.

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

For the Petitioner/s :

Mr. Pankaj Kumar Sinha, Advocate For the Respondent/s :

Mr. S. Raza Ahmad, AAG 5 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJAN GUPTA and HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE RAJAN GUPTA) Date : 03-12-2021 The matter has been heard via video conferencing. Heard learned counsel for the parties.

The present writ petition has been filed for quashing the order dated 10.10.2020 passed by the Sub-Divisional Officer, Supply Department, Jamui whereby and where under the PDS license of the petitioner bearing license No 49/2016 has been cancelled.

Patna High Court CWJC No.2065 of 2021 dt.03-12-2021 2/2 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. 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 10.10.2020 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. (Rajan Gupta, J) (Mohit Kumar Shah, J) P. Kumar/Anand Kr.

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