Patna High CourtCWJC/17680/2021disposed

Rajendra Gami v. The State Of Bihar Through Principal Secretary, Department Of Food And Consumer Protection,

2021-12-10Mr. Justice Chakradhari Sharan Singh,Mr. Justice Madhuresh Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17680 of 2021 ====================================================== Rajendra Gami(male), aged about 70 years, son of Pulkit Gami, resident of Village-Sukki, Ward No. 05, Post- Sukki, P.S. Khajauli, District-Madhubani ... ... Petitioner/s

Versus

1. The State of Bihar through Principal Secretary, Department of Food and Consumer Protection, Bihar, Patna

2. The Divisional Commissioner, Darbhanga Division, Darbhanga

3. The District Magistrate, Madhubani

4. The Sub-Divisional Officer, Sadar Madhubani

5. The District Supply Officer, Madhubani

6. The Block Supply Officer, Khajauli

7. Dilip Kumar Gami, Son of ..... Resident of village+b PO- Sukki, P.S. Khajauli, Districtn Madhubani.

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

For the Petitioner/s :

Mrs. Namrata Mishra Mr.Ratanakar Jha 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) 10-12-2021 The petitioner has put to challenge an order dated 03.09.2021 passed by the Sub-Divisional Officer-cum-Licensing Authority, Madhubani, whereby the petitioner's license to run a fair price shop has been cancelled.

It is an admitted position that the petitioner has statutory remedy of appeal against the said order, which he has not availed.

This application is, accordingly, disposed of with a

Patna High Court CWJC No.17680 of 2021(4) dt.10-12-2021 2/2 liberty to the petitioner to prefer an appeal against the impugned order before the appellate authority. If such appeal is preferred within one month from today, the appellate authority shall decide the petitioner's appeal on merits rather rejecting the petitioner's appeal on the ground of delay as the petitioner was pursuing his remedy before this Court by filing the present application.

It goes without saying that if such appeal is preferred within the time aforesaid, the appellate authority shall expeditiously dispose of the same as required under the Bihar Targeted Public Distribution System (Control) Order, 2016. (Chakradhari Sharan Singh, J) ( Madhuresh Prasad, J) arun/- U