Citation : 2021 Latest Caselaw 5216 Patna
Judgement Date : 15 November, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.9285 of 2020
======================================================
Sri Maheshwar Prasad Yadav, son of Sri Radhy Yadav, resident of Village- Lthnay, P.O.- Koriya, P.S.- Chandan, Distt.- Banka.
... ... Petitioner/s
Versus
1. The State of Bihar.
2. The Principal Secretary, Dept. of Food and Civil Supply, Govt. of Bihar, Patna.
3. The Sub Divisional Officer, Banka, Distt.- Banka.
4. The District Magistrate Banka, Distt.- Banka.
5. The Block Supply Officer Banka, Distt.- Banka.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s : Mr. Pritam Kumar, Advocate For the Respondent/s : Mr. S. Raza Ahmad, AAG 5 with Md. Kamil Akhtar, AC to AAG 5 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJAN GUPTA and HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE RAJAN GUPTA)
Date : 15-11-2021
Heard.
The petitioner is aggrieved by an order dated
05.05.2020 by which the PDS license of the petitioner bearing
No. 48of 2012 has been cancelled by the Sub Divisional Officer,
Banka.
Though the order is appeallable under Rule 32(iii) of
the Bihar Targeted Public Distribution System (Control) Order,
2016, but no appeal was preferred by the petitioner.
Patna High Court CWJC No.9285 of 2020 dt.15-11-2021
We feel that the matter needs to be heard by the
competent authority. The limitation prescribed under the Rule
for preferring the appeal has expired. The State has no serious
objection in case the petitioner files an appeal.
We, thus, dispose off this writ petition with a direction
that in case the petitioner prefers an appeal against the order
impugned within two weeks, the competent authority will
decide the same within four weeks without being impeded by
the issue of limitation.
The writ petition stands disposed off.
(Rajan Gupta, J)
(Mohit Kumar Shah, J)
J. Alam/-
AFR/NAFR CAV DATE Uploading Date 20.11.2021 Transmission Date
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