Patna High Court
Jay Prakash Prasad vs The State Of Bihar on 7 December, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.9165 of 2020
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Jay Prakash Prasad, son of Ramvilash Prasad, resident of Village- Baniyapur,
P.O.- Lejuar via Daudpur, Gram Panchayat- Balsera, P.S.- Chapra, District-
Saran.
... ... Petitioner/s
Versus
1. The State of Bihar through the Secretary, Food and Consumer Protection
Department, Old Secretariat, Patna.
2. The District Magistrate cum Collector, Saran at Chapra.
3. The District Supply Officer, Saran at Chapra.
4. The Sub- Divisional Officer cum Licensing Authority, Sadar, Chapra.
5. The Block Supply Officer, Manjhi, Chapra.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. N.K. Agrawal, Sr. Advocate
Mr.Diwakar Upadhyaya, Advocate
Ms. Preety Kunwar, Advocate
For the Respondent/s : Mr. S. Raza Ahmad, AAG-5
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CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE S. KUMAR
ORAL JUDGMENT
(Per: HONOURABLE THE CHIEF JUSTICE)
Date : 07-12-2021
Heard learned counsel for the parties.
Petitioner has prayed for the following relief(s).
"That, the present writ application is being
filed for the issuance of appropriate
writ/writs, order/orders for setting aside the
order dated 05.02.2020 passed by the
respondent no.4 the S.D.O. Sadar, Chapra,
contained in memo no. 308, whereby he has
passed an order for the cancellation of
petitioner's P.D.S. License No. 82/2016."
Patna High Court CWJC No.9165 of 2020 dt.07-12-2021
Learned counsel for the petitioner seeks permission to
withdraw the present petition reserving liberty to file an appeal
against the impugned order before the authority concerned for
redressal of the grievances.
Prayer allowed.
All issues on facts and law are left open.
The present application is, accordingly, disposed of as
withdrawn reserving liberty to the petitioner to file an
appropriate appeal before the appropriate authority within a
period of four weeks from today. If such an appeal is filed by
the petitioner within the stipulated time, the authority concerned
is directed to consider the same and dispose it of expeditiously
and preferably within a period of two months from the date of
its presentation.
If the appeal is preferred within the stipulated period,
the period for which the present petition remained pending
before this Court shall not be accounted for the purposes of
limitation.
While considering the appeal, authority concerned
shall take into account all materials available on record,
including the decision rendered by this Court in 2018(4) P.L.J.R.
516, titled as Ram Bachan Ram vs. The State of Bihar and Ors.
Patna High Court CWJC No.9165 of 2020 dt.07-12-2021
Needless to say that while considering such appeal,
principles of natural justice shall be followed and due
opportunity of hearing afforded to the parties.
If aggrieved by the said order, the petitioner shall
have liberty to approach this Court by way of separate
petition(s), if so required and desired.
Interlocutory application, if any, shall also stand
disposed of.
(Sanjay Karol, CJ)
( S. Kumar, J)
veena/rajiv-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date
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