Ganesh Yadav @ Ganesh Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.23969 of 2019 ====================================================== Ganesh yadav @ Ganesh Prasad Son of Biseshwar Yadav Resident of VillageBudhaul, P.S. Bodh Gaya, District-Gaya. ... ... Petitioner/s

Versus

1.

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

2.

The Divisional Commissioner, Magadh Division, Gaya. 3.

The District Magistrate, Gaya.

4.

The Sub Divisional officer, Sadar, Gaya.

5.

The District Supply Officer, Gaya,.

6.

The Block Supply Officer, Bodh Gaya, District- Gaya. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sudhir Kumar Sinha, Advocate For the Respondent/s :

Mr. S.Raza Ahmad (AAG 5) ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL JUDGMENT Date : 03-12-2019 The petitioner's PDS license has been cancelled by the Sub-Divisional Officer, Sadar, Gaya vide order dated 14.10.2019 contained in Memo No. 946.

The reason for challenging the aforesaid order is that before cancellation of his license, the show cause reply was not considered. The aforesaid submission has been made on the strength of there being no reflection of the consideration of the show cause reply in the impugned order.

Patna High Court CWJC No.23969 of 2019 dt.03-12-2019 2/2 However, one of the prayers of the petitioner is that in case an appeal is filed against the order of cancellation, the same be directed to be disposed of by the appellate authority within a reasonable period of time. This Court has no difficulty in allowing the aforesaid prayer.

In the event of the petitioner preferring an appeal against the impugned order in the present petition, the appellate authority would be under an obligation to dispose of such appeal within the statutory period.

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

(Ashutosh Kumar, J) krishna/- AFR/NAFR NAFR CAV DATE NA Uploading Date 05.12.2019 Transmission Date