Satish Chandra Jha v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.14967 of 2016 =========================================================== Satish Chandra Jha, S/o Late Kashi Kant Jha, R/o Village- AT/PO- Vishwanathpur Tarouni , Via- Nehra, P.S.- Bahera, District- Darbhanga. .... .... Petitioner
Versus
1. The State of Bihar.
2. The Commissioner, Food and Consumer Protection Cell, Darbhanga Division .
3. The Collector Darbhanga.
4. The District Supply Officer, Darbhanga.
5. The Sub Divisional Officer cum Licensing Authority Benipur, Darbhanga.
6. The Divisional Supply Officer, Darbhanga.
7. The Block Supply Officer, Benipur, Darbhanga.
8. Harish Chandra Jha, S/o Late Kashi Kant Jha, R/o- Village AT /PO- Vishwanathpur, Tarouni Via- Nehra, P.S.- Bahera, DistrictDarbhanga. .... .... Respondents =========================================================== Appearance :
For the Petitioner : Mr. Digvijay Kumar Ojha, Advocate For the State : Mr. Lalan Kumar, A.C. to G.P.9 For the respondent no.8 : Mr. Vivekanand Kumar, Mr. Durga Nand Jha, Advocates =========================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL JUDGMENT Date: 20-12-2016 Heard parties.
Let the respondent no.3, the District Magistrate-cumCollector, Darbhanga take a decision upon the Supply Appeal No.49 of 2016 filed by the petitioner on its own merit and in accordance with law within a period of two months from the date of receipt/production of a copy of this order as there is statutory requirement of disposal of appeal within two months. However, the petitioner would be at liberty to raise the grounds before the appellate
Patna High Court CWJC No.14967 of 2016 dt.20-12-2016 2 / 2 authority that the order passed by the Sub-Divisional Officer is nonspeaking one and suffers from the vice of arbitrariness as the petitioner's reply has nowhere been considered and, as such, it is not only violation of principle of natural justice but also in violation of Clause 27(ii) Targeted Public Distribution System (Control) order, 2015 and 7 (ii) of the Public Distribution System (Control) Order, 2001 which has been raised at the time of hearing of this case. This disposes of the writ petition.
(Dr. Ravi Ranjan, J) Sanjay-II/- AFR/NAFR NAFR CAV DATE NA Uploading Date 12.02.2017 Transmission Date NA