Patna High Court
Kanhaiya Prasad vs The State Of Bihar on 14 December, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.2794 of 2021
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Kanhaiya Prasad son of Late Gaya Prasad, Resident of Village- Lalgarh,
Block- Chanpatia, Police Station- Bettiah Muffasil, District- West
Champaran.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Department of Food and
Civil Supply, Government of Bihar, Patna.
2. The Commissioner, Tirhut Division, Muzaffarpur.
3. The District Magistrate, West Champaran, Bettiah.
4. The Sub-Divisional Officer, West Champaran, Bettiah.
5. The Assistant District Supply Officer, West Champaran, Bettiah.
6. The Block Supply Officer,Chanpatia, District- West Champaran, Bettiah.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Manoj Kumar, Adv
For the Respondent/s : Mr.Lalit Kishore ( AG )
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CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE S. KUMAR
ORAL JUDGMENT
(Per: HONOURABLE THE CHIEF JUSTICE)
Date : 14-12-2021
Heard learned counsel for the parties.
Petitioner has prayed for the following relief(s):-
"(I). For issuance of writ in the nature of certiorari
quashing the order contained in Memo No. 71/ dated
12/02/2014, whereby and whereunder the Sub-divisional
Officer, West Champaran, Bettiah, has canceled the license
of the fair price shop of the petitioner as well as the Appelate
Order dated 02/09/2019 passed by the District Magistrate,
West Champaran, Bettiah in Case No. C.R.M. 186/2018-19
dismissing the appeal preferrred by the petitioner against the
Patna High Court CWJC No.2794 of 2021 dt.14-12-2021
said order dated 12/02/2014.(Annexure-4 &6 respectively).
II. For directing the licensing authority to restore
the PDS licence No. 66/2007 in name of the petitioner and
further be issued his unite continuing allotment to the said
fair price shop for distribution among the respective
consumers."
Before us, it is not in dispute that petitioner has got an
equally alternate efficacious remedy of appeal/revision as
provided under the provision of the standing order.
In this view of the matter, learned counsel states that
petitioner shall be content, if petitioner is permitted to prefer an
appeal/revision with a direction for the same to be disposed of
expeditiously.
As such, as prayed for, present petition is disposed of
in the following mutually agreeable terms:-
(a) Petitioner is permitted to prefer an appeal within a
period of two weeks from today;
(b) The appropriate appellate authority shall consider
and decide the same on merits expeditiously by assigning
reasons within two months thereafter, copy whereof shall be
supplied to the petitioner.
(c) All questions of fact are left open to be considered
and decided by the appellate authority;
Patna High Court CWJC No.2794 of 2021 dt.14-12-2021
The instant petition sands disposed of in the aforesaid
terms.
Interlocutory Application(s), if any, stands disposed of.
(Sanjay Karol, CJ)
(S. Kumar, J)
ranjan/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date
Transmission Date NA
