Raghunath Pandit Vs The State Of Bihar and Ors. — Patna HC (2025) — LawSathi Research

Raghunath Pandit Vs The State Of Bihar and Ors. — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Writ petition disposed of with directions: petitioner to file appeal before the District Magistrate within one month against the PDS licence cancellation (Memo No. 539 dated 22.06.2017); appellate authority to liberally consider limitation, number the appeal, consider all merits after hearing the petitioner, and dispose of the appeal within three months of filing.

Issue for consideration

Whether the petitioner's challenge to the cancellation of his PDS Licence (Memo No. 539 dated 22.06.2017) should be adjudicated in this writ petition or pursued by way of an appeal before the District Magistrate.

Court's answer

Since the writ petition was filed in 2017 challenging the cancellation order, the appellate authority (District Magistrate) shall liberally consider the limitation aspect and shall number the appeal.

Ratio / Principle

The petitioner is directed to raise all his pleas and defences before the appellate authority, including the plea that the inquiry report or the complaints were not provided to him prior to cancellation of the PDS licence; the appeal is to be filed within one month from receipt of this order.

Key takeaways

The appellate authority shall consider all the merits and, after hearing the petitioner, dispose of the appeal within three months from the date of filing of the appeal.ratio¶16
With the aforesaid observations, the writ petition stands disposed of.ratio¶17

Detailed headnote1 paragraphs

Patna High Court (G. Anupama Chakravarthy, J.), Civil Writ Jurisdiction Case No.15175 of 2017, Raghunath Pandit v. The State of Bihar & Ors., order dated 10-07-2025: The writ petition, filed in 2017 against cancellation of the petitioner's PDS Licence vide Memo No. 539 dated 22.06.2017, was disposed of without adjudicating the merits. The petitioner was permitted to challenge the cancellation by appeal before the District Magistrate, to be filed within one month; the appellate authority was directed to liberally consider limitation and number the appeal. The petitioner was directed to raise all pleas and defences before the appellate authority, including the plea that the inquiry report or complaints were not provided to him prior to cancellation. The appellate authority was directed to consider all merits and dispose of the appeal within three months of filing, after hearing the petitioner.

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.15175 of 2017

======================================================

Raghunath Pandit, Son of Late Rameshwar Pandit, Resident of VillageJharudih, P.O. Nimian, P.S. Belhar, District, Banka

... ... Petitioner/s

Versus

The State Of Bihar through the Principal Secretary, Food and Consumer Protection Department, Old Secretaria, Patna

The District Magistrate, Banka, District, Banka

The Sub-Divisional Officer, Banka, District, Banka

... ... Respondent/s

=================== Appearance : For the Petitioner/s : For the Respondent/s : ===================	=================================== Mr. Rajeev Kumar Labh, Adv. Mr. Arvind Ujjwal-SC-4 ===================================
CORAM: HONOURABL CHAKRAVARTHY	E JUSTICE SMT. G. ANUPAMA

ORAL ORDER

13 10-07-2025

Heard the Learned counsel for the petitioner as well as the Learned counsel for the respondents.

During the course of arguments, the Learned counsel for the petitioner reported to the Court that he intends to file an appeal before the District Magistrate, challenging the order of cancellation of the PDS Licence vide Memo No. 539 dated 22.06.2017. However, as the Writ petition was filed in the year 2017, challenging the said order, therefore, the appellate authority shall liberally consider the limitation aspect and shall number the appeal.

Patna High Court CWJC No.15175 of 2017(13) dt.10-07-2025 2/2

The petitioner is directed to raise all his pleas and defences before the appellate authority, including the plea of not providing the inquiry report or the complaints to him prior to cancellation of the PDS licence. The appeal shall be filed by the petitioner within one month from the date of receipt of this order. In turn, the appellate authority shall consider all the merits and after hearing the petitioner shall dispose of the appeal within three months from the date of filing of the appeal.

With the aforesaid observations, the Writ petition stands disposed of.

(G. Anupama Chakravarthy, J)

Manish/-

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