Allowed¶22

Rampravesh Kumar v. The State of Bihar

Patna HC9 Aug 2024CWJC/7965/2024

Case brief

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What is this about?

Rule 28 Bihar Targeted Public Distribution System (Control) Order 2016; suspension of P.D.S. shop licence solely on lodging of F.I.R.; order dated 29.02.2024 of SDO Sadar, Gaya quashed; petitioner granted bail; learned counsel for respondents raised no dispute on the issue of law; Patna High Court Civil Writ Jurisdiction Case No.7965 of 2024, decided 09-08-2024 by Justice A. Abhishek Reddy.

What did the court decide?

Quashing of the order dated 29.02.2024 passed by the Sub Divisional Officer, Sadar, Gaya suspending the licence of the petitioner's P.D.S. shop. ¶22

Rampravesh Kumar Vs The State of Bihar — Patna HC (2024) — LawSathi Research

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.7965 of 2024

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Rampravesh Kumar, S/o- Shanichar Prasad, R/o- village- Chhiri, Tarawan P.S-P.S.- Fatehpur, 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, Department of Food and Consumer Protection, Govt. of Bihar, Patna.

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The District Magistrate, Gaya.

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The Sub Divisional Officer, Sadar, District- Gaya.

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The District Supply Officer, Gaya.

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The Block Supply Officer, Fatehpur, District- Gaya.

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... ... Respondent/s

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====================================================== Appearance : For the Petitioner/s : Mr.Shrinath Manjhi, Adv. For the Respondent/s : Mr.Standing Counsel 25 ====================================================== CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY ORAL ORDER

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2 09-08-2024

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The present writ petition has been filed for quashing

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the order dated 29.02.2024 passed by the Sub Divisional Officer, Sadar, Gaya whereby and whereunder the licence of the P.D.S. shop of the petitioner has been suspended only on account of lodging of F.I.R.

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The learned counsel for the petitioner has submitted that the impugned order dated 29.02.2024 is contrary to Rule 28 of the Bihar Targeted Public Distribution System (Control) Order, 2016 inasmuch as the petitioner is neither fugitive nor has visited jail in connection with the F.I.R. lodged against him whereas on the contrary, the petitioner has already been granted

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Patna High Court CWJC No.7965 of 2024(2) dt.09-08-2024 2/2

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bail, as is apparent from paragraph no. 10 of the present writ petition.

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The learned counsel for the respondents do not

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have any dispute on the issue of law.

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Having regard to the facts and circumstances of the case, this Court finds that the order dated 29.02.2024 passed by the Sub Divisional Officer, Sadar, Gaya is contrary to the provisions contained in Rule 28 of the Bihar Targeted Public Distribution System (Control) Order, 2016, hence, the same is quashed.

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The writ petition is allowed.

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(A. Abhishek Reddy , J)

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Bhardwaj/-

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Rampravesh Kumar v. The State of Bihar

Case brief

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Rampravesh Kumar v. The State of Bihar

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