Mahendra Paswan vs The State Of Bihar
2021 Latest Caselaw 6361 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.5525 of 2021
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Mahendra Paswan son of Late Dipal Paswan resident of village Samar P.S. - Nanpur, District- Sitamarhi.

... ... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary Food and consumer Protection Govt. of Bihar, Patna.

2. The District Magistrate, Sitamarhi.

3. The Subdivisional Officer Pupari Sitamarhi.

4. The Block Supply Officer Bokhra Shamaria.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr.Nand Kishore Prasad Sinha, 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

Petitioner has prayed for the following relief(s):

"For issuance of an appropriate writ order or direction for quashing the order dated 31-12-2020 passed by the Sub-Divisional Officer, Pupri as contained in annexure- 6 where by and where under the PDS licence No. 5/95 of the petitioner has been cancelled with immediate effect without giving any opportunity of hearing to the petitioner prior to cancellation of the licence and as such the action of the Respondent is not permissible in law and thus vitiated."

Patna High Court CWJC No.5525 of 2021 dt.22-12-2021

Learned counsel for the petitioner submits that

petitioner shall be content if a direction is issued to the authority

concerned to consider and decide the Appeal/Revision to be

filed by the petitioner, within a period of four weeks from the

date of its presentation along with a copy of this order.

Without expressing any opinion on merits of the

claim, petition is disposed of with the liberty aforesaid. All

issues on facts and law are left open.

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.

Equally, liberty is reserved to the petitioner to take

recourse to such alternative remedies as are otherwise available

in accordance with law.

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.

The petition stands disposed of in the aforesaid terms. Patna High Court CWJC No.5525 of 2021 dt.22-12-2021

Interlocutory application, if any, shall also stand

disposed of.

(Sanjay Karol, CJ)

( S. Kumar, J)

K.C.Jha/-

AFR/NAFR
CAV DATE
Uploading Date          24.12.2021
Transmission Date