Patna High Court
Baldev Yadav vs The State Of Bihar on 1 February, 2022
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.19656 of 2021
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Baldev Yadav S/O - Mohan Yadav, Resident of Village - Gamhariya, P.S.-
Kasma, District - Aurangabad, Bihar.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principle Secretary, Food and Consumer
Protection Department, Government of Bihar, Patna.
2. The District Magistrate, Aurangabad.
3. The Sub Divisional Officer, Aurangabad.
4. The Block Supply Officer, Rafiganj, Aurangabad.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Preety Kunwar, Adv
For the Respondent/s : Mr.Arvind Ujjwal ( SC4 )
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(The proceedings of the Court are being conducted by Hon'ble the Chief
Justice /Hon'ble Judges through Video Conferencing from their residential
offices/residences. Also, the Advocates and the Staffs joined the proceedings
through Video Conferencing from their residences /offices.)
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE S. KUMAR
ORAL JUDGMENT
(Per: HONOURABLE THE CHIEF JUSTICE)
Date : 01-02-2022
Heard learned counsel for the parties.
Petitioner has prayed for the following relief(s):-
"That the petitioner is filing this writ petition for
quashing the order dated 31.08.2021 passed by the SDO,
Aurangabad by which PDS license No. 08/R/93 of the
petitioner has been cancelled."
Patna High Court CWJC No.19656 of 2021 dt.01-02-2022
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
an appeal against the impugned order before the Appellate
Authority.
Permission granted.
Learned counsel for the respondents states that if
such an appeal 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 appeal 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 an appeal within
a period of four weeks from today;
(b) In the event of appeal being preferred within a
period of four weeks from today, the issue of limitation shall
not come in the way of adjudication of the appeal on merits;
(c) Opportunity shall be granted to the parties to
place on record all essential documents and materials, if so
required and desired;
Patna High Court CWJC No.19656 of 2021 dt.01-02-2022
(d) Petitioner through learned counsel undertakes to
fully cooperate and not take unnecessary adjournment;
(e) The Appellate Authority shall decide the appeal
on merits, in compliance of the principles of natural justice;
(f) The Appellate Authority shall pass a reasoned and
speaking order, within a period of eight weeks from the date
of filing of the appeal;
(g) Copy of the reasoned and speaking order passed
by the Appellate Authority shall be supplied to the parties;
(h) Equally, liberty reserved to the parties to take
recourse to such other remedies as are otherwise available in
accordance with law;
(i) 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;
(j) We have not expressed any opinion on merits and
all issues are left open;
(k) 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.19656 of 2021 dt.01-02-2022
Interlocutory Application(s), if any, stands disposed of.
(Sanjay Karol, CJ)
(S. Kumar, J)
ranjan/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date
Transmission Date NA
