Laxmi Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18750 of 2021 ====================================================== Laxmi Yadav, gender-male, aged about 56 years, Son of Srikant Yadav, Proprietor M/s Basipatti Panchayat Public Distribution Shop, Resident of Baluaha, Post Office - Mahapatiya, Police Station-Bhja, District - Madhubani, Bihar.

... ... Petitioner

Versus

1.

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

2.

District Collector, Madhubani.

3.

Sub Divisional Officer, Jhanjarpur, Sub Division, District - Madhubani. 4.

District Supply Officer, District - Madhubani. 5.

Block Supply Officer, Block - Madhepur, District - Madhubani. 6.

The Block Development Officer, Madhepur, District - Madhubani. ... ... Respondents ====================================================== Appearance :

For the Petitioner :

Mr. Krishna Mohan Mishra, Adv.

For the Respondents :

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) 29-04-2022 This matter has been taken up for hearing online because of COVID-19 pandemic restrictions.

2. The petitioner has put to challenge an order passed by the Sub Divisional Officer-cum-Licensing Authority, Madhubani dated 19-04-2021 whereby his license to run a PDS shop under the Bihar Targeted Public Distribution System (Control) Order, 2016 (for short 'the Control Order,

Patna High Court CWJC No.18750 of 2021(2) dt.29-04-2022 2/2 2016') has been cancelled. Before approaching this Court, the petitioner has not availed statutory alternative remedy of appeal.

3. Considering the facts and circumstances of the case, this application is disposed of with a liberty to the petitioner to prefer an appeal against the impugned order before the Appellate Authority. If the petitioner prefers his appeal within four weeks from today, with an application seeking condonation of delay, the Appellate Authority shall consider the same in accordance with law also keeping in mind the fact that the petitioner was pursuing his remedy before this Court by filing present writ application. The appeal, if so preferred, shall be required to be disposed of within the time prescribed under the provision of Control Order, 2016. (Chakradhari Sharan Singh, J) ( Madhuresh Prasad, J) shyambihari/- U