Kedar Nath Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2749 of 2021 ====================================================== Kedar Nath Pandey S/o Late Ram Kishun Pandey, Resident of Udhopur, P.S. - Bikramganj, District - Rohtas.

... ... Petitioner/s

Versus

1.

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

2.

The District Magistrate, Rohtas at Sasaram.

3.

The Sub-Divisional Officer, Bikramganj.

4.

The Block Supply Officer, Bikramganj.

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

For the Petitioner/s :

Mr. N.K. Agrawal, Sr. Adv D.N. Verma, Adv Ms. Preety Kunwar, Adv For the Respondent/s :

Mr. Alok Ranjan AC to AAG-5 Mr. Anisul Haque AC to AAG-5 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE ) Date : 14-12-2021 Heard learned counsel for the parties.

Petitioner has prayed for the following relief:- "That the present writ application has been filed by the petitioner for setting aside the order dated 09.07.2020 contained in memo no. 346, passed by the Sub Divisional Officer, Rohtas at Sasaram by which he was pleased to cancel the PDS license of the petitioner."

Before us, it is not in dispute that petitioner has got an equally alternate efficacious remedy as provided under the provisions of Bihar Targeted Public Distribution System

Patna High Court CWJC No.2749 of 2021 dt.14-12-2021 2/3 (Control) Order, 2016.

In this view of the matter, learned counsel states that petitioner shall be content, if petitioner is permitted to prefer an appeal with a direction for the same to be disposed of expeditiously.

Liberty, as prayed for, is granted.

As and when any such appeal is preferred, the same shall be considered and decided expeditiously by the appellate authority assigning reasons within two months thereafter, copy whereof shall be supplied to the petitioner.

Mr. Alok Ranjan AC to AAG-5, appearing on behalf of State, states that if the appeal is preferred by the petitioner within next two working weeks, the issue of limitation shall not be allowed to come in the way and the appeal shall be heard on merit.

We have not expressed any opinion on merits of the matter. All issues are left open including the binding effect of the decision rendered by this Court in the case of Ram Bachan Ram Vs. the State of Bihar & Ors reported in PLJR 2018(4) 516.

The instant petition sands disposed of in the

Patna High Court CWJC No.2749 of 2021 dt.14-12-2021 3/3 aforesaid terms.

Interlocutory Application(s), if any, stands disposed of.

(Sanjay Karol, CJ) ( S. Kumar, J) ranjan/- AFR/NAFR NAFR CAV DATE NA Uploading Date Transmission Date NA