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Patna High CourtCWJC/19522/2019disposed

Naresh Das v. The State Of Bihar

2021-09-23Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No. 19522 of 2019 ====================================================== Naresh Das Son of Late Rohin Das Kajjalvan, Resident of Village-Nayagaon, Police Station-Parbatta Zorawarpur, District-Khagaria. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Food and Civil Supplies Department, Old Secretariat, Patna.

2.

The District Magistrate, Khagaria.

3.

The Sub-Divisional Officer Cum Licensing Officer, Gogri, Khagaria. 4.

The Block Supply Officer, Parbata, Khagaria.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Bhola Prasad, Advocate For the Respondent/s :

Mr. Arvind Ujjwal (Sc4) :

Mr. Upendra Pratap Singh (AC to SC 4) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 23-09-2021 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.

The present writ petition has been filed for quashing the order dated 09.08.2019, passed by the Sub Divisional Officer- cum- Licensing Authority, Gogri whereby and whereunder the PDS license of the petitioner bearing License no. 67P of 2007 has been cancelled.

At the outset, the learned counsel for the petitioner

Patna High Court CWJC No.19522 of 2019(2) dt.23-09-2021 2/2 seeks liberty to file an appeal against the aforesaid order dated 09.08.2019 before the appellate authority under Clause 32 (iii) of the Bihar Targeted Public Distribution System (Control) Order, 2016.

The learned counsel for the respondent- State Sri Upendra Pratap Singh (AC to SC 4) has got no objection. Accordingly, the present writ petition stands disposed of with liberty to the petitioner to file appropriate appeal against the order dated 09.08.2019, passed by the Sub Divisional Officer- cum- Licensing Authority, Gogri and in case, such an appeal is filed within a period of four weeks from today, the same shall be considered by the appellate authority on merits, without being impeded by the issue of limitation and a reasoned and a speaking order shall be passed, in accordance with law, within a period of eight weeks, thereafter.

(Mohit Kumar Shah, J) rinkee/- U