Patna High Court
Kaushal Kishore Mishra vs The State Of Bihar on 8 February, 2022
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.20409 of 2021
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Kaushal Kishore Mishra, Son of Late Ram Sahaya Mishra, Resident of
Village - Ginjas, Mishra Tola, P.O. - Jaintpur, P.S. - Saraiya, District -
Muzaffarpur.
... ... Petitioner/s
Versus
1. The State of Bihar through Principal Secretary, Department of Food and
Supplies, Government of Bihar, Patna.
2. The Principle Secretary, Department of Food and Civil Supplies,
Government of Bihar, Patna.
3. The District Magistrate, Muzaffarpur.
4. The Deputy Supply Officer, Muzaffarpur.
5. The Sub-Divisional Officer, Muzaffarpur.
6. The Block Supply Officer, Saraiya, Muzaffarpur.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Ms. Shilpi Keshri, Advocate
For the Respondent/s : Mr. S. Raza Ahmad (Aag5)
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CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE S. KUMAR
ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE S. KUMAR)
(The proceedings of the Court are being conducted through
Video Conferencing and the Advocates joined the proceedings
through Video Conferencing from their residence.)
Date : 08-02-2022
Heard learned counsel for the parties.
Petitioner has prayed for following reliefs:-
(i) For quashing the order issued vide Memo
No.139 dated 28.01.2017 by Sub-Divisional
Officer, West Muzaffarpur, District-
Muzaffarpur, wherein he has cancelled the PDS
license of the petitioner and also stopped the
monthly allotment without appreciating the
entire facts and circumstance in its entirety.
(ii) For also quashing the order issued vide order
Patna High Court CWJC No.20409 of 2021 dt.08-02-2022
dated 12.01.2021 passed in Appeal Case
No.09/2017-18 by the Collector-cum- District
Magistrate, Muzaffarpur wherein the order has
been made in support of the cancellation of the
License of the petitioner for his PDS shop.
(iii) For any other order/orders and relief/reliefs
for which the petitioner may be entitled in the
eyes of law."
After the matter was heard for some time, learned
counsel appearing on behalf of the petitioner, under instructions,
states that petitioner may be permitted to prefer a revision
against the impugned order before the Revisional Authority.
Permission granted.
Learned counsel for the respondents states that if such
a revision 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 revision 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 a revision within a
period of four weeks from today;
(b) In the event of revision being preferred within a
period of four weeks from today, the issue of limitation shall not
come in the way of adjudication of the revision on merits;
(c) Opportunity shall be granted to the parties to place
Patna High Court CWJC No.20409 of 2021 dt.08-02-2022
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;
(e) The Revisional Authority shall decide the revision
on merits, in compliance of the principles of natural justice;
(f) The Revisional Authority shall pass a reasoned and
speaking order, within a period of eight weeks from the date of
filing of the revision, copy whereof be supplied to the parties;
(g) Equally, liberty reserved to the parties to take
recourse to such other remedies as are otherwise available in
accordance with law;
(h) 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;
(i) We have not expressed any opinion on merits and
all issues are left open;
(j) 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.20409 of 2021 dt.08-02-2022
Interlocutory Application(s), if any, stands disposed of.
(Sanjay Karol, CJ)
( S. Kumar, J)
Sanjay/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 09.02.2022
Transmission Date NA
