Haridwar Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17923 of 2021 ====================================================== Haridwar Ram son of Late Bhola Ram resident of Village- Silari, Police Station- Shivsagar, District- Rohtas.

... ... Petitioner/s

Versus

1.

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

2.

The District Magistrate cum Collector, Rohtas at Sasaram. 3.

The Sub-divisional Officer cum Licensee Authority, Rohtas at Sasaram. 4.

The District Supply Officer, Rohtas at Sasaram. 5.

The Block Supply Officer, Kargahar, Rohtas at Sasaram. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjay Kumar, 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 is aggrieved by an order dated 14.09.2021, whereby his licence to run a fair price shop under Bihar Targeted Public Distribution System (Control) Order, 2016 ('Control Order' for short) has been cancelled by the SubDivisional Officer (Supply Division)-cum-Licencing Authority, Sasaram.

It is an admitted fact that the petitioner has filed this application without availing the remedy of appeal under the provisions of the Control Order, 2016. In such view of the

Patna High Court CWJC No.17923 of 2021(2) dt.22-04-2022 2/2 matter, this application is disposed of with an observation that the petitioner shall be at liberty to prefer appeal against the impugned order.

Considering the fact that the petitioner approached this Court by filing this writ application challenging the order of the Licensing Authority soon after passing of the said order, it is observed that if such appeal is preferred within four weeks from today with an application seeking condonation of delay, the Appellate Authority shall be under the obligation to decide the petitioner's appeal on merits after condoning the delay keeping in mind the fact that the petitioner was pursuing his remedy before this Court by filing the present writ application. (Chakradhari Sharan Singh, J) ( Madhuresh Prasad, J) K.K.RAO/- U