Primary Agriculture Credit Co-Operative Society v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.21199 of 2021 ====================================================== Primary Agriculture Credit Co-operative Society, Sandh Majhigawan, AnchalSirdala, District- Nawada through its Chairman namely Lalan Choudhary (M), aged about- years, Son of late Narayan Choudhary, resident of VillageBardaha, P.S.- Sirdala, District- Nawada. ... ... Petitioner/s

Versus

1.

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

2.

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

3.

The Commissioner, Magadh Division, Gaya.

4.

The Collector- Cum- District Magistrate, Nawada. 5.

The Sub-Divisional Officer, Rajauli, Nawada.

6.

The Block Supply Officer, Anchal- Sirdala, Block- Rajauli, DistrictNawada. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. N.K. Agrawal, Sr. Advocate For the State :

Mr. Anisul Haque, A.C. to A.A.G.-5 ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR and HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR) Date : 23-03-2022 Heard Mr. N.K. Agrawal, the learned senior

Patna High Court CWJC No.21199 of 2021 dt.23-03-2022 2/3 Advocate for the petitioner and Mr. Anisul Haque, the learned counsel for the State.

2. Mr. Agrawal has made a short submission that the petitioner be permitted to challenge the order of cancellation of license to the PACS before the Appellate Authority, notwithstanding the fact that he never choose to challenge the same even when opportunity was given to him by the Appellate Authority while disposing off the Appeal directed against the refusal to substitute the name of the current Chairman of the PACS in place of the erstwhile Chairman during whose tenure, the license had been cancelled.

3. We find from the record that instead of responding to the suggestion given by the Appellate Authority, such order was challenged before the Revisional Authority, which challenge could not be sustained on grounds of limitation.

4. However, we are persuaded to allow one more opportunity to the petitioner to challenge the order of cancellation before the Appellate Authority.

Patna High Court CWJC No.21199 of 2021 dt.23-03-2022 3/3

5. Should such an Appeal be filed by the petitioner within a period of 30 days from today, the Appellate Authority shall look into the matter and after affording all opportunities to the petitioner and others, if necessary, pass a reasoned order within a further period of 60 days, which order shall be communicated to the petitioner forthwith.

6. Needless to state that the order so passed by the Appellate Authority shall be a reasoned one.

7. With the aforesaid observation/direction, the writ petition stands disposed off.

(Ashutosh Kumar, J) (Anjani Kumar Sharan, J) Praveen-II/- AFR/NAFR NAFR CAV DATE N/A Uploading Date 25.03.2022 Transmission Date N/A