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Patna High CourtCWJC/3368/2018disposed

Akhilesh Prasad v. The State Of Bihar And ORS

2018-04-03Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3368 of 2018 =========================================================== Akhilesh Prasad, Son of Late Sri Narayan Prasad, Resident of Village- Barorah, P.O- Tineri, P.S.- Guraru, District- Gaya.

.... .... Petitioner

Versus

1. The State of Bihar through Principal Secretary, Food and Civil Supplies Department.

2. The District Magistrate, Gaya.

3. Sub Divisional Officer, Tekari, Gaya, District Gaya

4. Block Supply Office, Tekari, District Gaya.

5. Administrator, Sahyog Vikas and Sugarcane Purchaser & Seller Committee Guraru, District- Gaya.

.... .... Respondent =========================================================== Appearance :

For the Petitioner/s : Mr. Amrendra Kumar, Adv For the Respondent/s : Mr. ARVIND UJJWAL- SC4 Mr. Maruth Nath Roy, AC to SC 4 =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 03-04-2018 The present writ petition has been filed for a direction to the learned District Magistrate, Gaya, the appellate authority, to dispose of the Supply Appeal Case No. 10 of 2017 filed by the petitioner challenging the order dated 27.07.2016 passed by the Sub Divisional Officer, Tekari, District Gaya, cancelling the PDS licence of the petitioner at an early date in terms of the provisions of Targeted PDS Control Order, 2016.

2. Having heard learned counsel for the petitioner and considering that the Supply Appeal against the impugned order of cancellation has already been filed on 25.02.2017 this Court is not

Patna High Court CWJC No.3368 of 2018 dt.03-04-2018 inclined to enter into the merits of the matter.

3. The writ petition stands disposed of with a direction to the concerned appellate authority that the Supply Appeal dated 25.02.2017, said to have been filed against the order of cancellation passed by the Sub Divisional Officer, Tekari, District Gaya vide memo no. 516 dated 27.07.2016 (Annexure-5), if pending before him, be considered and disposed of on its own merits after grant of an opportunity of hearing to the petitioner in accordance with law expeditiously and in any event preferably within a period of eight months from the date of receipt/production of a copy of this judgment. (Vikash Jain, J) Chandran/BT AFR/NAFR NAFR CAV DATE NA Uploading Date 16.04.2018 Transmission Date NA