Patna High Court
Yogendra Yadav vs The State Of Bihar on 1 February, 2022
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.19529 of 2021
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Yogendra Yadav Son of Khakhanu Yadav Resident of Ward No. 5, Bettiah Raj
Colony, Narainapur, P.O. Narainpur P.S. Patkhauli District- West Champaran.
... ... Petitioner/s
Versus
1. The State of Bihar through the Secretary Food and Civil Supply Government
of Bihar New Secretariat Patna.
2. The District Magistrate, West Champaran.
3. The Sub Divisional Magistrate, Bagaha, West Champaran.
4. The Block Supply Officer, Bagaha.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Sanjeev Kumar Mishra, Advocate
For the Respondent/s : Mr.Lalit Kishore ( A.G. )
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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 : 01-02-2022
Heard learned counsel for the parties.
Petitioner has prayed for the following relief(s).
"1 That this writ petition is being filed with a
prayer for issuance of an appropriate writ in the
nature of certiorari quashing the order
contained in memo no. 624 dated 27.07.2021
passed by the respondent Sub Divisional
Officer by which the license no. 16/2007 of the
petitioner under Public Distribution System has
Patna High Court CWJC No.19529 of 2021 dt.01-02-2022
been cancelled in most arbitrary manner and
the petitioner further prays to restore the
license of the petitioner forthwith."
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;
Patna High Court CWJC No.19529 of 2021 dt.01-02-2022
(c) Opportunity shall be granted to the parties to
place 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 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
Patna High Court CWJC No.19529 of 2021 dt.01-02-2022
order, before the appropriate forum, if required and desired.
The instant petition sands disposed of in the
aforesaid terms.
Interlocutory Application(s), if any, stands disposed of.
(Sanjay Karol, CJ)
( S. Kumar, J)
Rajiv/veena-
AFR/NAFR
CAV DATE
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