Siyaram Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

C.W.J.C. No. 21312 of 2019 =================================================== Siyaram Rai, s/o RamdevRai, r/o village-Basanta, Jehanabad, PSVaishali, Block-Lalganj, District-Vaishali (Hajipur) ... ... Petitioner/s

Versus

1. The State of Biharthrough the Principal Secretary, Food and Consumer Protection Department, Bihar at Patna

2. The District Magistrate-cum-Collector, Vaishali

3. The Sub-Divisional Officer, Hajipur, Vaishali

4. The Block Supply Officer, Vaishali, Hajipur ... ... Opposite Party/s =================================================== Appearance :

For the Petitioner/s :

Mr. Sumeet Kr. Singh, Advocate For the Opposite Party/s:

Mr. Alok Ranjan (AC to AAG 5) ================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 15-07-2021 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 seeking quashing of the order dated 11.09.2019 passed by the Sub-Divisional Officer, Hajipur in Supply Case No. 42 of 2019 whereby and whereunder the license of the Public Distribution Shop of the

petitioner bearing license no. 37 of 2016 has been cancelled. At the outset, the learned counsel for the petitioner seeks liberty to assail the aforesaid order dated 11.09.2019 before the Appellate Authority, by filing appropriate Appeal. The learned counsel for the Respondent-State, Sri Alok Ranjan (AC to AAG-5) has got no objection.

Having regard to the facts and circumstances of the case, the present writ petition stands disposed of as not pressed, however, with liberty to the petitioner to file an appeal under Order 32 of the Bihar Targeted Public Distribution System (Control) Order, 2016, before the appellate authority against the aforesaid order dated 11.09.2019 and in case, such an appeal is filed within a period of four weeks from today, the Appellate Authority shall consider the appeal of the petitioner on merits, without being impeded by the issue of limitation and dispose of the same by a reasoned and a speaking Order, in accordance with law, within a period of eight weeks, thereafter. (Mohit Kumar Shah, J) rinkee/- U