This is a thin disposal where the High Court did not consider the merits. It directed the petitioner to prefer an appeal against the cancellation order within 30 days, requiring a reasoned order within 60 days as per the Bihar P.D.S. Order.
Petitioner directed to file appeal within 30 days; appellate authority to pass reasoned order within 60 days.
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.295 of 2022
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Tara Devi Wife of Late Mekhlal Mahto, resident of Ghormo, P.O.-Chakai, Police Station-Chandramandih, Tola-Ghormo, Chakai, District-Jamui.
... ... Petitioner/s
... ... Respondent/s
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Appearance : For the Petitioner/s : Mr. Jharkhandi Upadhyay, Advocate For the Respondent/s : Mr. Anisul Haque, AC to AAG 5
====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR and HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR)
Date : 24-02-2022
Heard Mr. Jharkhandi Upadhyay, learned Advocate for the petitioner and Mr. Anisul Haque, AC to AAG 5 for the State.
Pursuant to the lodging of an FIR against the petitioner, his licence was suspended and after issuance of show-cause notice to him, by order dated 09.10.2021, the licence of the petitioner has been cancelled.
The learned counsel for the petitioner has submitted that the same licencing authority had passed an order against another PDS dealer viz. Dilip Kumar Dubey,
Patna High Court CWJC No.295 of 2022 dt.24-02-2022 2/2
which order could not be sustained before this Court and the order of cancellation was set aside.
We are afraid, this cannot be taken as a precedent.
Without adverting to the merits of this case, we direct that in case the petitioner prefers an appeal against the aforesaid order within a period of 30 days, that shall be taken up for consideration by the appellate authority and a reasoned order shall be passed within a further period of 60 days, as contemplated under the Bihar Targeted P.D.S. (Control) Order, 2016.
Needless to say that the appellate authority shall afford all opportunities to the petitioner to explain his cause.
The writ petition stands disposed off accordingly.
(Ashutosh Kumar, J)
( Anjani Kumar Sharan, J)
krishna/-
| AFR/NAFR | NAFR |
|---|---|
| CAV DATE | NA |
| Uploading Date | 02.03.2022 |
| Transmission Date | NA |
1 issue framed by the court
Whether the impugned order should be stayed or set aside.
1 provisions across 1 enactments
Tara Devi Wife of Late Mekhlal Mahto
State of Bihar
Ashutosh Kumar
Anjani Kumar Sharan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
