Satish Prasad Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18916 of 2021 ====================================================== Satish Prasad Sah son of Dev Kumar Singh, R/o Village and Post-Sonmai, P.S.-Dhanrua, District-Patna.

... ... Petitioner/s

Versus

1.

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

2.

The District Magistrate, Patna, District-Patna. 3.

The Sub Divisional Officer, Masaurhi, District-Patna. 4.

The Block Supply Officer, Dhanarua, District-Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajeev Kumar, Adv For the Respondent/s :

Mr.Arvind Ujjwal (SC4) ====================================================== (The proceedings of the Court are being conducted by Hon'ble the Chief Justice /Hon'ble Judges through Video Conferencing from their residential offices/residences. Also, the Advocates and the Staffs joined the proceedings through Video Conferencing from their residences /offices.) CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE S. KUMAR ) Date : 31-01-2022 Heard learned counsel for the parties.

Petitioner has prayed for the following relief(s):- "To issue an appropriate order/s, direction/s including a writ preferably in the nature of certiorari for quashing the order as contained in memo no. 391 dated 18.11.2019 passed by the Sub Divisional Officer, Masaurhi, Patna whereby and whereunder he has suspended the fair price license bearing no. 41/2016 of the petitioner on the ground of institution of First Information Report against the petitioner as well as quashing the order passed by the same

Patna High Court CWJC No.18916 of 2021 dt.31-01-2022 2/2 authority after that consumers of the petitioner's shop has been tagged with another PDS shop."

It is submitted by learned counsel for the petitioner that on account of institution of FIR he was sent to judicial custody and his PDS license was suspended by the SDO cum Licensing Authority by order dated 18.11.2019. Subsequently, he has been granted regular bail by the Court and , in view of Section 28 of the Bihar Targeted Public Distribution System (Control) Order, 2016 the licensing Authority cum SDO has to pass order on representation filed by the petitioner. As such, the writ petition is disposed of with a direction to the petitioner to file representation before the SDO cum Licensing Authority, who shall pass appropriate order on such representation of the petitioner within 30 days from the date of receipt/production of a copy of the order passed by this Court.

(Sanjay Karol, CJ) (S. Kumar, J) ranjan/- AFR/NAFR NAFR CAV DATE NA Uploading Date Transmission Date NA