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Patna High CourtCWJC/23186/2018disposed

Kesh Nandan Paswan v. The State Of Bihar

2019-12-21Mr. Justice Dr. Anil Kumar Upadhyay2 pages

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IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.23186 of 2018 ====================================================== Kesh Nandan Paswan S/o-Babuchand Paswan @ Babuchandra Paswan R/o Village-Tarari, P.S.-Daudnagar,, District-Aurangabad. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Food and Civil Supplies Department, Bihar, Patna 2.

The District Magistrate, Aurangabad.

3.

The Sub Divisional Officer, Aurangabad.

4.

The Block Development Officer, Daudnagar, Aurangabad. 5.

The District Supply Officer, Aurangabad.

6.

The Block Supply Officer, Daudnagar, Aurangabad. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ravindra Kumar For the Respondent/s :

Mr.Arvind Ujjwal ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 21-12-2019 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State.

The only issue which requires consideration in this case is whether in terms of Rule 28 of 2016 Rules petitioner was declared absconder or he was in jail custody. Accordingly, the matter is remitted back to the respondents to take fresh final decision.

In the event, it is found that petitioner was neither in jail custody nor he was declared absconder, the respondents are under obligation to restore his PDS license.

Patna High Court CWJC No.23186 of 2018(5) dt.21-12-2019 2/2 Necessary decision in this case may be taken by the respondents within a period of 45 days from the date of receipt/production of a copy of this order.

With the aforesaid, the writ application stands disposed of.

(Anil Kumar Upadhyay, J) Ravi/- U