Baleshwar Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16913 of 2021 ====================================================== Baleshwar Paswan Son of Late Ram Kishun Paswan R/o Village- Pilkhi Tola Mohanpur, P.O. Bauri Sarai, P.S. Khudaganj Sub- Division- Hilsa, DistrictNalanda. ... ... Petitioner/s

Versus

1.

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

2.

The District Magistrate, Nalanda, at Biharsharif. 3.

The Sub- Divisional Officer, Hilsa, Nalanda.

4.

The Block Supply Officer, Islampur, Nalanda.

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

For the Petitioner/s :

Mr. Sanjay Kumar Sharma, Advocate For the Respondent/s :

Mr. S Raza Ahmad ( AAG-5 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH and HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER (Per: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH) 22-04-2022 The petitioner's licence to run a fair price shop came to be cancelled by an order dated 13.02.2020, passed by the Sub-Divisional Magistrate, Hilsa against which the petitioner had preferred an appeal before the District Magistrate, Nalanda. The petitioner's appeal has been rejected by an order dated 28.06.2021. The petitioner has put to challenge the said orders dated 13.02.2020 and 28.06.2021 in the present writ application filed under Article 226 of the Constitution of India. It is an admitted position that the petitioner has not

Patna High Court CWJC No.16913 of 2021(2) dt.22-04-2022 2/2 availed the remedy of revision under the Bihar Targeted Public Distribution System (Control) Order, 2016 before approaching this Court.

In the facts and circumstances, this application is disposed of with liberty to the petitioner to approach the revisional authority against the orders which are impugned in the present writ application.

Since the petitioner approached this Court soon after passing of the order by the appellate authority, it is observed that if the petitioner prefers his revision application within four weeks from today with an application seeking condonation of delay, the revisional authority shall be under obligation to decide the petitioner's revision application on merits within a period of two months from the date of its filing. (Chakradhari Sharan Singh, J) ( Madhuresh Prasad, J) K.K.RAO/- U