Single judge oral order granting liberty to petitioner to file an administrative appeal against PDS license cancellation without deciding on merits.
Granted liberty to petitioner to file an appeal against the impugned order within four weeks, directing appellate authority to decide within eight weeks.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.8309 of 2021
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Krishna Kumar Son of Gupteshwr Sah, resident of Kusiar, P.O./P.S. Kusiar, Bhojpur.
... ... Petitioner/s
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Sanjeev Kumar Mishra, Advocate For the Respondent/s : Mr.Lalit Kishore ( Ag ) ======================================================
CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER
3 07-10-2021 The present writ petition has been filed seeking quashing of the order dated 24.02.2021 passed by the SubDivisional Officer, Sadar Ara, whereby and whereunder the PDS license of the petitioner bearing License No. 52 of 2019 has been cancelled.
At the outset, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to file appropriate appeal against the order dated 24.02.2021 under Rule 32(iii) of the Bihar Targeted PDS (Control) Order, 2016.
The learned counsel for the respondent-State Shri Rakesh Kumar as also the the learned counsel appearing for the proposed intervener Shri Rajesh Kumar Sinha do not have any objection.
Patna High Court CWJC No.8309 of 2021(3) dt.07-10-2021 2/2
Accordingly, the present writ petition stands disposed off with liberty to the petitioner to file an appeal against the impugned order dated 24.02.2021, passed by the Sub Divisional Officer, Sadar Ara and in case such an appeal is filed within a period of four weeks from today, the appellate authority shall consider the same on merits, without being impeded by the issue of limitation and shall dispose of the same within a period of eight weeks thereafter, by a reasoned and a speaking order, in accordance with law.
(Mohit Kumar Shah, J)
S.Sb/-
U
Krishna Kumar Son of Gupteshwr Sah
The State of Bihar through the Secretary Food and Civil Supply Government of Bihar
The District Magistrate, Bhojpur
The Sub Divisional Officer, Sadar Ara
Mohit Kumar Shah
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
