Naveen Kumar vs The State Of Bihar
2022 Latest Caselaw 1282 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                  Civil Writ Jurisdiction Case No.20937 of 2021
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Naveen Kumar S/o-Ram Babu Chaudhary, Resident of Village-Near Ganjpar, Bankipur Gorakh, P.S.-Fatuha, District-Patna, Bihar.

... ... Petitioner/s Versus

1. The State of Bihar through the Principal Secretary, Food and Consumer Prctection Department, Government of Bihar, Patna.

2. The District Magistrate, Patna.

3. The Sub Divisional Officer, Patna City.

4. The Block Supply Officer, Fatuha.

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

For the Petitioner/s : Mr. N.K. Agrawal, Senior Advocate Ms. Preety Kunwar, Advocate For the Respondent/s : Mr. Anisul Haque, AC to AAG5 ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR and HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR)

Date : 21-02-2022 Heard Mr. N.K. Agrawal, learned Senior

Advocate for the petitioner and Mr. Anisul Haque for the

State.

The petitioner is aggrieved by the order dated

28.07.2020, passed by the Sub-divisional Officer, Patna

City, whereby the targeted consumers of the petitioner

have been tagged with another PDS Dealer, namely,

Sanjay Kumar, bearing Licence No.2/2016. Patna High Court CWJC No.20937 of 2021 dt.21-02-2022

Mr. Agrawal contends that without initiating any

proceeding against the petitioner, i.e., without suspending

his licence and issuing notice to him, the consumers

attached to the petitioner's shop could not have been

tagged to another PDS dealer.

From the impugned order, it appears that

pursuant to an FIR having been registered against the

petitioner, he absconded. This was the reason for the

respondent S.D.O. to tag the consumers to another PDS

Dealer of the locality.

Mr. Agrawal further submits that as on date, the

petitioner is on bail and, therefore, is not a fugitive. Before

taking the decision of tagging the consumers of the

petitioner to another PDS Dealer, the proceeding against

the petitioner ought to have begun and concluded.

There is no justification for not taking any action

against the petitioner in case an FIR was lodged against

him under the E.C. Act.

Patna High Court CWJC No.20937 of 2021 dt.21-02-2022

The respondents are directed to initiate

appropriate proceedings against the petitioner under the

Bihar Targeted Public Distribution System (Control) Order,

2016 and take a decision within the stipulated period of

180 days.

With the aforesaid direction, the writ petition

stands disposed of.

(Ashutosh Kumar, J.)

(Anjani Kumar Sharan, J.)

Sanjay/-

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