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Patna High CourtCWJC/20199/2021disposed

Deonath Ray v. The State Of Bihar

2022-02-08The Chief Justice -,Mr. Justice S. Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.20199 of 2021 ====================================================== Deonath Ray Son of Late Lalu Ray, Resident of Village - Mahammadpur, P.S.- Bhagwanpur Hat, District - Siwan.

... ... Petitioner/s

Versus

1.

The State of Bihar through Principal Secretary Food and Consumer Protection Department, Government of Bihar, Patna. 2.

The Principal Secretary Food and Consumer Protection Department Government of Bihar, Patna.

3.

The District Magistrate-cum-Collector, Siwan. 4.

The District Supply Officer, Siwan.

5.

The Sub-divisional Officer, Maharajganj, District - Siwan. 6.

The Block Supply Officer, Bhagwanpur Hat, District - Siwan. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Manish Kumar No 13, Advocate Mr. Rohit Kumar, Advocate For the Respondent/s :

Mr.Arvind Ujjwal ( SC 4 ) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) (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.) 08-02-2022 Petitioner has prayed for following relief (s) : - "(A) A Mandaus directing the respondent authorities particularly respondent no..3 to dispose the appeal filed by the petitioner on 06/07/2020 before that respondent vides

Patna High Court CWJC No.20199 of 2021(2) dt.08-02-2022 2/3 Public Distribution Cancellation Appeal Case No.-9 of 2020 in terms of Rule 32 (ii) of Bihar Targeted P.D.S. (Control) Order, 2016 which clearly contemplates that as far as practicable dispose the appeal within a period of sixty days, which was filed against the order passed by respondent no. 5 dated 20/06/2020 in Supply Record No.04/2020 whereby & where under the license for running the Public Distribution Shop vide License No.- BH - 30/2007 was cancelled with immediate effect.

(B) Any other writ/writs for granting any other relief/reliefs for which the petitioner is found entitled to in the facts and circumstances of the present case."

Shri Arvind Ujjwal, learned S.C. 4, states that the appeal stands fixed for 17th of March, 2022.

We direct the petitioner to make himself available before the appellate authority on the said date and, if required, place on record additional material in support of his contentions. The appellate authority shall positively consider and decide the appeal expeditiously and preferably within a period of three weeks thereafter.

Order assigning reasons, dealing with all the contentions raised by the petitioner, shall be passed, copy whereof shall be supplied to the petitioner/parties. Liberty reserved to the parties to take recourse to such other remedies as are otherwise available in law, should the need so arise subsequently.

Petition is disposed of in the aforesaid terms.

Patna High Court CWJC No.20199 of 2021(2) dt.08-02-2022 3/3 Interlocutory application, if any, shall also stand disposed of.

(Sanjay Karol, CJ) ( S. Kumar, J) K.C.Jha/chn U