Harendra Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3950 of 2021 ====================================================== Harendra Prasad son of late Nathuni Sah Public Distribution System dealer Panchayat Karma Diah, P.S.- Kudhani, Village- Barakapur, P.S.- Kudhani, District- Muzaffarpur ... ... Petitioner/s

Versus

1.

The State of Bihar through its Principal Secretary Food and Civil Supply Department, Govt. of Bihar, Patna 2.

The Sub-Divisional Magistrate, West, Muzaffarpur 3.

The Block Supply Officer, Kudhani 4.

The Block Supply Officer Saraiya 5.

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

For the Petitioner/s :

Mr.Shankar Kishore Shahi, Advocate For the Respondent/s :

Mr. Alok Ranjan (AC to AAG 5) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 22-10-2021 The instant case has been taken up for consideration through the mode of Video conferencing in view of the prevailing situation on account of COVID 19 Pandemic, requiring social distancing.

Heard the learned counsel for the petitioner and Sri Alok Ranjan, learned AC to AAG 5 appearing for the State. The present petition has been filed for quashing the order dated 01.07.2020, passed by the Sub Divisional Magistrate (West), Muzaffarpur, whereby and whereunder the P.D.S. license of the shop of the petitioner bearing License no. 23150005 of 2016 has been cancelled.

Patna High Court CWJC No.3950 of 2021(2) dt.22-10-2021 2/2 At the outset, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to file appropriate appeal before the appellate authority against the impugned order dated 01.07.2020 under Rule 32(iii) of Bihar Targeted Public Distribution System (Control) Order, 2016.

Per contra, the learned counsel for the respondent State has got no objection.

Accordingly, the present writ petition stands disposed of as not pressed, however with liberty to the petitioner to file appropriate appeal before the appropriate appellate authority and in case, such an appeal is filed within a period of four weeks from today, the appellate authority shall examine the same on merits and pass a reasoned and speaking order within a period of six weeks, thereafter.

(Mohit Kumar Shah, J) rinkee/- U