← Library
Patna High CourtCWJC/3964/2021disposed

Vijay Kumar Roy v. The State Of Bihar

2021-12-14The Chief Justice -,Mr. Justice S. Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3964 of 2021 ====================================================== VIJAY KUMAR ROY, S/o Late Harinarayan Rai, Resident of villageRasalpur (Dharha), P.S.- Rosera, District- Samastipur. ... ... Petitioner/s

Versus

1.

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

2.

The Collector, Samastipur.

3.

The Sub Divisional Officer, Sadar, Samastipur. 4.

The Block Supply Officer, Rosera, Samastipur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Dhananjaya Nath Tiwari, Advocate For the Respondent/s :

Mr. Lalit Kishore ( AG) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 14-12-2021 Heard learned counsel for the parties.

Petitioner has prayed for the following relief(s). "1. That the present writ application is being filed on behalf of the petitioner above named for a direction tot he respondents specially respondent no.3 to accept the license fee deposited by the petitioner of his

Patna High Court CWJC No.3964 of 2021 dt.14-12-2021 2/3 PDS license being license no. 09/1987 in the Treasury on different dates for the period 01.01.1995 to till date and further be pleased to restore the license and supply of the petitioner."

Before us, it is not in dispute that petitioner has got an equally alternate efficacious remedy of appeal/revision as provided under the provision of the standing order. In this view of the matter, learned counsel states that petitioner shall be content, if petitioner is permitted to prefer an appeal/revision with a direction for the same to be disposed of expeditiously.

As such, as prayed for, present petition is disposed of in the following mutually agreeable terms:- (a) Petitioner is permitted to prefer an appeal within a period of two weeks from today;

(b) The appropriate appellate authority shall consider and decide the same on merits expeditiously and by assigning reasons, within a period of two months thereafter; (c) All questions of fact are left open to be considered and decided by the appellate authority; The instant petition sands disposed of in the aforesaid terms.

Patna High Court CWJC No.3964 of 2021 dt.14-12-2021 3/3 Interlocutory Application(s), if any, stands disposed of.

(Sanjay Karol, CJ) ( S. Kumar, J) veena/rajivAFR/NAFR NAFR CAV DATE NA Uploading Date Transmission Date NA