Umesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15846 of 2019 ====================================================== Umesh Kumar Son of late Basant Kumar, Resident of Village- Telanghi, P.S. Kharik, District- Bhagalpur.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Principal Secretary, Food and Civil Supply Department, Government of Bihar, Patna.

3.

The Commissioner, Bhagalpur Division, Bhagalpur. 4.

The Collector, Bhagalpur.

5.

The Sub- Divisional Officer, Naugachhia, District- Bhagalpur. 6.

The District Supply Officer, Bhagalpur.

7.

The Assistant District Supply Officer, Naugachhia, District- Bhagalpur. 8.

The Block Supply Officer, Kharik, District- Bhagalpur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjeev Kumar, Advocate For the Respondent/s :

Mr. Arvind Ujjwal (SC 4) ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL JUDGMENT Date : 16-01-2020 The license of the petitioner was earlier cancelled by order dated 28.12.2016 and which order was sustained in appeal by order dated 23.07.2018. Both the orders were challenged by the petitioner before this Court in C.W.J.C. No. 21066 of 2018 and this Court on arriving at a view that the petitioner was only given 24 hours to furnish his show cause reply, which was highly inadequate, set aside the aforesaid orders and directed the SubDivisional Officer, Naugachhia to proceed afresh in accordance with law.

Patna High Court CWJC No.15846 of 2019 dt.16-01-2020 2/2 It appears that by the order impugned dated 04.06.2019, now the license of the petitioner has again been cancelled. The petitioner has not preferred the appeal which has been provided for in the Bihar Targeted P.D.S. (Control) Order, 2016.

This Court deems it appropriate to direct the petitioner to prefer an appeal under Rule 32 of the Bihar Targeted P.D.S. (Control) Order, 2016 before the appellate authority within a period of four weeks from today.

Should such an appeal be preferred within the aforesaid period, the same shall be entertained and a reasoned order shall be passed within a period of eight weeks of the receipt of memo of appeal.

With the aforesaid direction/observation, the writ petition stands disposed of.

(Ashutosh Kumar, J) krishna/- AFR/NAFR NAFR CAV DATE NA Uploading Date 18.01.2020 Transmission Date