Jitendra Prasad Thakur @ Jitendra ... vs The State Of Bihar
2021 Latest Caselaw 5459 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.5827 of 2020
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Jitendra Prasad Thakur @ Jitendra Kumar Thakur, S/o Raghunandan Thakur Resident of Village- Nemapatti Pakauli @ Laluchowk Laloo Chhapra Ex P.D.S. Dealer Panchayat- Lalloo Chhapra, Anchal- Paroo, District- Muzaffarpur.

... ... Petitioner/s Versus

1. The State of Bihar Through its Principal Secretary, Food and Civil Supply Department, Govt. of Bihar, Patna.

2. The Sub- Divisional Magistrate, West Muzaffarpur.

3. The Block Supply Officer Paroo, Distt.- Muzaffarpur.

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

For the Petitioner/s : Mr. Shankar Kishore Shahi, Advocate For the Respondent/s : Mr. S.Raza Ahmad (AAG-5) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE S. KUMAR)

Date : 23-11-2021

Heard learned counsel for the parties.

Petitioner has prayed for the following relief(s).

" 1. That this is an application for issuance of a writ in the nature of certiorari for quashing the order vide memo no.123 dated-31.1.2020 issued under the signature of respondent no.2 Sub Divisional Magistrate, West Muzaffarpur whereby and where under the license of the petitioner has been cancelled without supply of enquiry report without consideration of reply of show cause and without supply of enquiry report and show cause to reply within two days. The said cancellation order is based on such enquiry report which is not provided to this petitioner.

Patna High Court CWJC No.5827 of 2020 dt.23-11-2021

It is further prayed to direct the respondent no. 2 Sub Divisional Magistrate, West Muzaffarpur to restore the P.D.S. license of the petitioner and to allot the monthly allotment."

Petitioner has approached this Court without

exhausting the statutory remedy of appeal against the impugned

order, as such, petitioner is granted liberty to avail the remedy of

appeal against the impugned order before the concerned

authority and if any such appeal is filed within 4 weeks then

concerned authority shall condone the delay in filing the appeal,

as the matter remained pending before this Court and shall

decide the appeal on its own merit preferably within 8 weeks

from the date of its filing

With aforesaid liberty, the writ petition is disposed

of.

(Sanjay Karol, CJ)

( S. Kumar, J) Rajiv/veena-

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