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Patna High CourtCWJC/3294/2021disposed

Kishori Paswan v. The State Of Bihar

2021-12-07Mr. Justice Rajan Gupta,Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3294 of 2021 ====================================================== Kishori Paswan Son of Shyam Paswan, Resident of Village-Shivi Patti, P.S.- Raj Nagar, District-Madhubani.

... ... Petitioner/s

Versus

1.

The State of Bihar thorugh the Principal Secretary Food Supply and Consumer Protection Department Govt. of Bihar, Patna. 2.

The District Magistrate Madhubani.

3.

The District Manager, Bihar Food Corporation Madhubani. 4.

The District Supply Officer, Madhubani.

5.

The Sub-Divisional Officer (Town), Madhubani. 6.

The Block Supply Officer, Raj Nagar, Madhubani. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ravi Prakash, Advocate Mr. Abhinay Raj, Advocate For the Respondent/s :

Mr.Lalit Kishore (AG) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJAN GUPTA and HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER (Per: HONOURABLE MR. JUSTICE RAJAN GUPTA) 07-12-2021 Heard learned counsel for the parties.

The present writ petition has been filed for quashing the order dated 28.04.2020 passed by the Sub-Divisional Officer, Madhubani whereby and whereunder the PDS license of the petitioner bearing License No. 443/2017, has been cancelled.

At the outset, learned counsel for the petitioner seeks liberty to file appropriate appeal under Rule 32(iii) of the Bihar Targeted PDS (Control) Order, 2016.

Patna High Court CWJC No.3294 of 2021(2) dt.07-12-2021 2/2 Learned counsel for the State has no objection. Having regard to the facts and circumstances of the case, we dispose off the present writ petition with liberty to the petitioner to approach the appellate authority by filing appropriate appeal against the aforesaid order dated 28.04.2020 and in case such an appeal is filed within a period of four weeks from today, the appellate authority shall consider the same on merits and dispose off the same, in accordance with law, by a reasoned and a speaking order, within a period of eight weeks, thereafter, without being impeded by the issue of limitation. (Rajan Gupta, J) (Mohit Kumar Shah, J) S.Sb/- U