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Patna High CourtCWJC/8242/2018disposed

Gagandeo Prasad Yadav v. The State Of Bihar And ORS

2018-07-03Mr. Justice Vikash Jain2 pages

Patna High Court CWJC No.8242 of 2018 dt.03-07-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8242 of 2018 =========================================================== Gagandeo Prasad Yadav, S/o Late Ramlakhan Prasad Yadav, Resident of Village- Mahese Farakpur, P.S.- Runnisaidpur, District- Sitamarhi. .... .... Petitioner/s

Versus

1. The State of Bihar through the Secretary, Food & Consumer Protection Department, Government of Bihar, Patna.

2. The Collector, Sitamarhi.

3. The Sub Divisional Officer Sadar, Sitamarhi. null null .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Dhananjaya Nath Tiwari,Adv For the Respondent/s : Mr. S. RAZA AHMAD- AAG5 =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 03-07-2018 The present writ petition has been filed for quashing the order dated 21.10.2016 contained in memo no. 409 passed by the Sub Divisional Officer, Sadar, Sitamarhi whereby the PDS dealership of the petitioner has been cancelled.

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 21.10.2016 this Court is not 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

Patna High Court CWJC No.8242 of 2018 dt.03-07-2018 21.10.2016 said to have been filed against the order of cancellation passed by the Sub Divisional Officer, Sadar, Sitamarhi vide memo no. 409 dated 21.10.2016, 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 three months from the date of receipt/production of a copy of this judgment. (Vikash Jain, J) Chandran AFR/NAFR NAFR CAV DATE NA Uploading Date 05.07.2018 Transmission Date NA