Patna High Court
Pankesh Kumar Rai vs The State Of Bihar on 31 January, 2022
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.18905 of 2021
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Pankesh Kumar Rai Son of Akhilesh Kumar Rai Resident of near Hanuman
Mandir, Ward No. 6, Lawapur, P.S.- Mahnar, District- Vaishali.
... ... Petitioner/s
Versus
1. The State of Bihar Through the Principal Secretary, Food and Consumer
Protection Department, Bihar, Patna.
2. The Divisional Commissioner Tirhut Division, Muzaffarpur.
3. The District Magistrate-cum- Collector Hajipur, Vaishali.
4. The Sub- Divisional Officer Mahnar, Vaishali.
5. The Assistant District Supply Officer Mahnar, Vaishali.
6. The Block Supply Officer Mahnar, Vaishali.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Kumar Rakesh Chandra
For the Respondent/s : Mr.S. Raza Ahmad (Aag5)
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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 MR. JUSTICE S. KUMAR )
Date : 31-01-2022
Heard learned counsel for the parties.
Petitioner has prayed for the following relief(s):-
(i) To issue an appropriate writ/writs, order/orders,
direction/directions including a writ in the nature of
Certiorari for quashing the order as Contained in the memo
No.64/S dated 29.01.2021 passed by Sub- Divisional officer,
Mahnar (hereinafter referred) to as Licensing Authority
under Bihar Targetted Public Distribution (Control) Order
2016 in exercise of powers Conferred to him under the said
Control order whereby and whereunder he has cancelled the
fare price shop license bearing its No. 42/16 of the petitioner
taking into account of irregularity committed by the
dealer/petitioner in proper distribution of food grains and
Patna High Court CWJC No.18905 of 2021 dt.31-01-2022
other commodities.
(ii) To quash the order dated 07.08.2021 passed in
P.D.S. Appeal Case No. 14/ 2021 passed by the
Collector,Vaishali (Hereinafter referred to as appellate
authority under the aforesaid (control) order 2016 whereby
and whereunder he has the rejected the appeal filed by the
petitioner and thereby confirmed the order of the S.D.O.
Mahnar having no defect in the order which requires no
interference.
(iii) To direct the S.D.O., Mahnar to revoke the fair
price shop 1icense of the petitioner hence with."
After the matter was heard for some time, learned
counsel for the petitioner, states that petitioner shall be content
if a direction is issued to the authority concerned under Section
32(vi) of the Bihar Targeted Public Distribution System
(Control) Order, 2016 to consider and decide the Revision to be
filed by the petitioner within a period of four weeks along with a
copy of this order, within a period of two months from the date
of its filing.
Without expressing any opinion on merits of the claim,
petition is disposed of with the liberty aforesaid. All issues on
facts and law are left open.
Needless to say that while considering such request,
principles of natural justice shall be followed and due
opportunity of hearing afforded to the parties.
If aggrieved by the said order, the petitioner shall have
liberty to approach this Court by way of separate petition(s), if
Patna High Court CWJC No.18905 of 2021 dt.31-01-2022
so required and desired.
Equally, liberty is reserved to the petitioner to take
recourse to such alternative remedies as are otherwise available
in accordance with law.
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.
The petition stands disposed of in the aforesaid terms.
Interlocutory application, if any, shall also stand
disposed of.
(Sanjay Karol, CJ)
(S. Kumar, J)
ranjan/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date
Transmission Date NA
