Patna High Court
Kailash Kumar Choudhary vs The State Of Bihar on 22 December, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.5668 of 2021
======================================================
Kailash Kumar Choudhary Son of Late Jamuna Choudhary Resident of
Dwarikapuri, Road No. 04, Hanuman Nagar, Police Station - Patrakar Nagar,
District- Patna
... ... Petitioner/s
Versus
1. The State of Bihar
2. The District Magistrate, Patna Bihar
3. The Senior Superintendent of Police, Patna
4. The Superintendent of Police, Patna
5. Sub-Divisional Officer, Sadar Patna
6. The Sub-Division Police Officer, Patna
7. The District Supply Officer, Patna
8. The Block Supply Officer, Patna District- Patna
9. The Station Head Officer, Patrakar Nagar, Patna
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Niranjan Kumar, Advocate
For the Respondent/s : Mr. U.P. Singh, AC to SC-4
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE S. KUMAR
ORAL JUDGMENT
(Per: HONOURABLE THE CHIEF JUSTICE)
Date : 22-12-2021
Heard learned counsel for the parties.
Petitioner has prayed for the following relief(s):-
Patna High Court CWJC No.5668 of 2021 dt.22-12-2021
i) For issuance of writ in the nature of
certiorari or any other appropriate writ for quashing
of the order dated 30.04.2020 contained in Memo
No. 357 issued by Sub-Divisional Officer, Patna,
Sadar, Patna, whereby and where under the License
of the PDS shop of the petitioner running at Ward
No.-45, Dwarikapuri, Hanuman Nagar, bearing
License No. 509 of 2016 has illegally and arbitrarily
been suspended from immediate effect and directed
to add the same with other PDS dealer namely Sri
Anil Kumar Gaur having License No. 505 of 2016 in
a very mechanical manner as well as without giving
any opportunity of hearing to the petitioner.
ii) For issuance of writ in the nature of
mandamus for directing and commanding the
responsible respondent authorities to unseal the P.D.
Shop of the petitioner having Licence No. 509 of
2016, which has illegally and arbitrarily been
sealed/locked by the respondents.
iii) For issuance of writ in the nature of
mandamus for directing the respondent authority to
stay the operation of the impugned order dated
30.04.2020 issued by the Sub-Divisional Officer,
Patna, Sadar, Patna.
iv) For issuance of any other order or orders
which your Lordships may deem fit and proper in the
facts and circumstances of the case.
After the matter was heard for some time, learned
counsel appearing on behalf of the petitioner, under
Patna High Court CWJC No.5668 of 2021 dt.22-12-2021
instructions, states that petitioner may be permitted to prefer
an appeal against the impugned order before the Appellate
Authority.
Permission granted.
Learned counsel for the respondents states that if
such an appeal is preferred within a period of four weeks from
today, the issue of limitation, if any, shall neither be raised nor
allowed to come in the way of adjudication of the appeal on
merits.
Statement accepted and taken on record.
As such, petition stands disposed of in the
following mutually agreeable terms:-
(a) Petitioner is permitted to prefer an appeal
within a period of four weeks from today;
(b) In the event of appeal being preferred within a
period of four weeks from today, the issue of limitation shall
not come in the way of adjudication of the appeal on merits;
(c) Opportunity shall be granted to the parties to
place on record all essential documents and materials, if so
required and desired;
(d) Petitioner through learned counsel undertakes
to fully cooperate and not take unnecessary adjournment;
Patna High Court CWJC No.5668 of 2021 dt.22-12-2021
(e) The Appellate Authority shall decide the appeal
on merits, in compliance of the principles of natural justice;
(f) The Appellate Authority shall pass a reasoned
and speaking order, within a period of eight weeks from the
date of filing of the appeal;
(g) Copy of the reasoned and speaking order
passed by the Appellate Authority shall be supplied to the
parties;
(h) Equally, liberty reserved to the parties to take
recourse to such other remedies as are otherwise available in
accordance with law;
(i) We are hopeful that as and when petitioner
takes recourse to such remedies, as are otherwise available in
law, before the appropriate forum, the same shall be dealt
with, in accordance with law and with reasonable dispatch;
(j) We have not expressed any opinion on merits
and all issues are left open;
(k) Liberty reserved to the petitioner to challenge
the order, before the appropriate forum, if required and
desired.
The instant petition sands disposed of in the
aforesaid terms.
Patna High Court CWJC No.5668 of 2021 dt.22-12-2021
Interlocutory Application(s), if any, stands
disposed of.
(Sanjay Karol, CJ)
( S. Kumar, J)
Amrendra/PKP
AFR/NAFR
CAV DATE
Uploading Date 23.12.2021
Transmission Date
