Raj Kishore Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.23511 of 2019 ====================================================== Raj Kishore Singh S/o Ganesh Singh, R/o Village-Muzaffra Kamataul, P.S.- Kudhani, District-Muzaffarpur, P.D.S. Dealer Kishunpur, Ballaur. ... ... Petitioner/s

Versus

1.

The State of Bihar through Principal Secretary, Food and Civil Supply Department, Bihar, Patna.

2.

Sub-Divisional Magistrate, West Muzaffarpur.

3.

Block Supply Officer, Sahebganj.Muzaffarpur ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shankar Kishore Shahi, Advocate For the Respondent/s :

Mr. S. Raza Ahmad (AAG5) ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL JUDGMENT Date : 29-11-2019 Heard Mr. Shankar Kishore Shahi, learned advocate for the petitioner and Mr. Alok Ranjan for the respondents.

The petitioner has challenged the order dated 11.09.2019 passed by the Sub-Divisional Officer, West Muzaffarpur, whereby the PDS license of the petitioner has been cancelled.

Learned counsel for the petitioner has assailed the order on several factual grounds and has stated that for one day's closure of the shop, the license of the petitioner has been cancelled. He submits that there have been

Patna High Court CWJC No.23511 of 2019 dt.29-11-2019 2/3 several precedents of this Court which indicate that for one day's closure without any authorization, the PDS license ought not to be cancelled.

On perusal of the order impugned, this Court finds that there are other grounds also which being led with the Sub-Divisional Officer, Muzaffarpur to cancel the PDS license of the petitioner. The grounds have been noted down in the order, even though the order is a short one.

In view of the provision of appeal in the Bihar Targeted P.D.S. (Control) Order, 2016, I am not inclined to enter into the merits of the decision making of the SubDivisional Officer, Muzaffarpur. The prayer made in this petition is rejected. The petitioner has the liberty to prefer an appeal. Should such an appeal be filed, the appellate authority shall look into the entire aspect of the matter and shall pass a reasoned order in accordance with law within the statutory period for disposing of such appeals.

Patna High Court CWJC No.23511 of 2019 dt.29-11-2019 3/3 With the aforesaid direction/observation, the writ petition is disposed of.

(Ashutosh Kumar, J) krishna/- AFR/NAFR NAFR CAV DATE NA Uploading Date 03.12.2019 Transmission Date