Rajendra Ray vs The State Of Bihar
2022 Latest Caselaw 237 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                     Civil Writ Jurisdiction Case No.10261 of 2021
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Rajendra Ray, S/o Ram Ugrah Ray, R/o Near bus Stand Ward No.5, Bardiha Turki, District Vaishali.

... ... Petitioner/s Versus

1. The State of Bihar through its Secretary, Food and Supply Department, Bihar, Patna.

2. The Director, Food and Supply Department, Bihar, Patna.

3. The District Magistrate, Vaishali.

4. The District Supply Officer, Vaishali.

5. The Sub Divisional Officer, Mahua, Vaishali.

6. The Block Supply Officer, Jandaha, District Vaishali.

7. The Block Supply Officer, Patepur, Vaishali.

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

For the Petitioner/s : Mr.Shashi Bhushan Kumar, Advocate For the Respondent/s : Mr. Pawan Kumar, AC to AG ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE)

======================================================= (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.) =======================================================

Date : 07-01-2022

Heard learned counsel for the parties.

Petitioner has prayed for the following relief(s):-

i. To quash the memo no. 204 dated Patna High Court CWJC No.10261 of 2021 dt.07-01-2022

01.03.2021 issued by the Sub Divisional Officer Mahua whereby and whereunder the license of public distribution system shop bearing license no. 59/16 has been cancelled with immediate effect. A copy of memo dated 01.03.2021 is annexed herewith and marked as Annexue-1 to this application ii. To direct the respondent authority not to disturb the public disturb shop of the petitioner."

Learned counsel for the petitioner states that

petitioner's appeal is pending consideration before the

Appellate Authority and petitioner shall be content if a direction

is issued for expeditious disposal of the same.

Learned counsel for the respondents states that the

appeal shall be considered and decided within a period of six

months from the date of appearance of the petitioner before the

Appellate Authority along with a copy of this order.

Statement accepted and taken on record.

As such, petition stands disposed of in the following

terms:-

(a) Petitioner shall make himself available before

the Appellate Authority on 17th of January, 2022;

(b) 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.10261 of 2021 dt.07-01-2022

(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 six months from the

date of appearance of the petitioner before the Appellate

Authority;

(g) Copy of the order passed by the Appellate

Authority shall 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 assail the

order, before the appropriate forum, should the need so arise

subsequently.

Patna High Court CWJC No.10261 of 2021 dt.07-01-2022

The instant petition sands disposed of in the aforesaid

terms.

Interlocutory Application(s), if any, stands disposed

of.

(Sanjay Karol, CJ)

( S. Kumar, J) Ashwini/Sujit AFR/NAFR CAV DATE Uploading Date 10.01.2022 Transmission Date