Girija Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17288 of 2021 ====================================================== Girija Devi, Chairman of Mukesh Self Help Group, Chhanchh, Wife of Garivan Manjhi, Resident of Village-Chhanchh, Village Panchayat-Moratal, Police, Station-Bodh Gaya, District-Gaya.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary Department of Food and Consumers Protection, Government of Bihar, Patna. 2.

The District Magistrate, Gaya.

3.

The Sub-Divisional Officer, Sadar Gaya.

4.

The Block Supply Officer, Bodh Gaya, Dist.-Gaya. 5.

The Additional District Supply Officer, Sadar Gaya, Dist.-Gaya. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Binay Kumar, Advocate For the Respondent/s :

Mr.Arvind Ujjwal (SC-4) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE S. KUMAR) (The proceedings of the Court are being conducted through Video Conferencing and the Advocates joined the proceedings through Video Conferencing from their residence.) Date : 24-01-2022 Heard learned counsel for the parties.

Petitioner has prayed for the following relief(s). " 1. That this is an application for issuance of appropriate writ/writs, order/orders and direction/directions to quash the order dated 24.08.2021 contained in memo No. 819 by which the Ld. Sub Divisional Officer, Sadar Gaya has capaciously been cancelled the License No. 65/16 of the petitioner carrying on business under the Public Distribution System as a P.D.S. dealer and for direction upon the respondent No. 3 to continue allocation to the Public Distribution System Shop of the petitioner after declaring the cancellation order null and void and/or pass such other order(s) as your Lordships may deem fit and proper under

Patna High Court CWJC No.17288 of 2021 dt.24-01-2022 2/2 the facts and circumstances of the case."

Petitioner has approached this Court without exhausting the statutory remedy of appeal as provided under Clause 32 of Bihar Targeted Public Distribution System (Control) Order, 2016 against the impugned order, as such, petitioner is granted liberty to avail the remedy of appeal against the cancellation order passed by the Licensing Authority- cum- S.D.O., Gaya Sadar, before the Appellate Authority the District Magistrate, Gaya and if any such appeal is filed within 4 weeks then appellate authority shall condone the delay in filing the appeal and shall decide the appeal on its own merit preferably within 8 weeks from the date of its filing.

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