Dismissed

Uday Kumar v. The State of Bihar

Patna HC9 Nov 2022CWJC/1642/2020

Case brief

AI extract

What is this about?

The High Court of Patna dismissed a writ petition by the president of a PACS challenging the cancellation of his PDS shop license. The petitioner failed to exhaust the statutory remedy by not approaching the appellate authority. The petition was disposed of with an observation that the appellate authority must decide within specific timelines if an appeal is filed.

What did the court decide?

The petition was disposed of with an observation that the appellate authority must pass a final order within sixty days if an appeal is filed.

Uday Kumar Vs The State of Bihar — Service and Employment | Patna HC (2022)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.1642 of 2020

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Uday Kumar son of Sri Kedar Yadav, resident of village-Shekhpura, village Panchayat- Barorah, Police station- Guraru, District- Gaya

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... ... Petitioner/s

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Versus

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

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The District Magistrate, Gaya

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The Sub Divisional Officer, Tikari, Dist.- Gaya

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The Block Supply Officer, Guraru, Dist.- Gaya

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... ... Respondent/s

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====================================================== Appearance : For the Petitioner/s : Mr. Binay Kumar, Advocate For the Respondent/s : Mr. Alok Ranjan, AC to AAG 5 ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR and HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY

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ORAL ORDER

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(Per: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR)

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3 09-11-2022 Heard Mr. Binay Kumar, learned Advocate for

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the petitioner and Mr. Alok Ranjan for the State.

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The petitioner, who is the president of the PACS, had been granted license to run the PDS shop. On complaint made by the beneficiaries, an inquiry was made and after issuance of notice to the petitioner to explain the cause, the license has been cancelled.

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For the reason of the petitioner not having

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Patna High Court CWJC No.1642 of 2020(3) dt.09-11-2022 2/2

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approached the appellate authority thereby exhausting his statutory remedy and having come to this Court straightway, we are not inclined to entertain the present petition.

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However, the petition is disposed of but with an observation that in case an appeal is filed within a period of thirty days, the appellate authority shall, after giving reasonable opportunity to the petitioner to explain his cause, pass a final order within a period of sixty days giving reasons in support of such decision.

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(Ashutosh Kumar, J)

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(Nawneet Kumar Pandey, J)

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krishna/-

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Uday Kumar v. The State of Bihar

Case brief

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Uday Kumar v. The State of Bihar

Case brief

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