Petitioner challenged an order cancelling his P.D.S. license. The court dismissed the writ application, granting liberty to file an appeal before the appellate authority within the prescribed limitation, noting pendency for calculation.
Liberty to file an appeal before the appellate authority.
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IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.4361 of 2017
=========================================================== Gangadhar Yadav, Son of Late Shiv Narayan Yadav, Resident of Chakkadih, Police Station- Banka, District- Banka.
.... .... Petitioner
Versus
.... .... Respondents
===========================================================
Appearance :
For the Petitioner/s : Mr. Md. Najmul Hodda, Adv. For the Respondent/s : Mr. Arvind Ujjwal-SC-4
=========================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL JUDGMENT
Date: 09-08-2017
Heard learned counsel appearing for the parties.
In this case, the petitioner is challenging the order dated
03.02.2017 passed by the Sub-Divisional Officer, Banka, whereby and whereunder he has cancelled the P.D.S. licence of the petitioner.
A proceeding for cancellation of P.D.S. licence was initiated and the petitioner was served the copy of the show-cause for giving reply. After proper consideration, the order has been passed, cancelling the P.D.S. licence of the petitioner.
The order itself shows that statements made by different consumers having been recorded in the order. This Court is not giving any opinion on the merit of the case, but giving liberty to the
Patna High Court CWJC No.4361 of 2017 dt.09-08-2017
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petitioner to file an appeal before the appellate authority as there is provision of appeal against the order of the Sub-Divisional Officer. If such an appeal is filed, the appellate authority will dispose of the same within a period of four months from the date of filing of appeal by the petitioner. While deciding the question of limitation, the appellate authority will consider the pendency of this case before this Court.
With the aforesaid observations and directions, this writ
application is disposed of.
(Shivaji Pandey, J)
pawan/-
AFR/NAFR N.A.F.R. CAV DATE N/A Uploading Date 16.08.2017 Transmission N/A. Date
Gangadhar Yadav
The State of Bihar
The Principal Secretary, Department of Food & Supply, Govt. of Bihar
The District Magistrate, Banka
The Sub-Divisional Officer, Banka
The Block Supply Officer, Block- Banka, District- Banka
Shivaji Pandey
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
