Patna High Court
Mahesh Saw vs The State Of Bihar on 4 January, 2022
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.7052 of 2021
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Mahesh Saw, S/o Jagdeesh Saw, Resident of Village - Nonagadh, P.S.-
Lakhisarai, District - Lakhisarai.
... ... Petitioner/s
Versus
1. The State of Bihar through the Secretary, Food and Consumer Protection
Department, Bihar, Patna.
2. The Collector, Lakhisarai.
3. The Sub-Divisional Officer, Lakhisarai.
4. The Block Supply Officer, Ramgarh Chowk, District - Lakhisarai.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Dhananjaya Nath Tiwari, Advocate
For the Respondent/s : Mr. Alok Kumar, AC to AAG-5
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CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE S. KUMAR
ORAL JUDGMENT
(Per: HONOURABLE THE CHIEF JUSTICE)
Date : 04-01-2022
Heard learned counsel for the parties.
The petitioner has prayed for the following relief/s :-
"for issuance of appropriate
writ/writs, order/orders, directions to the
respondents concerned for quashing of the
order contained in Memo No.48 dated
23.01.2021 passed by the learned Sub-
Divisional Officer, Lakhisarai by which he
was pleased to cancel the PDS license of the
petitioner being license no. 01/2002 and
further be pleased to restore the PDS license
as well as supply of the petitioner."
After the matter was heard for some time, learned
Patna High Court CWJC No.7052 of 2021 dt.04-01-2022
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.7052 of 2021 dt.04-01-2022
(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 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;
Patna High Court CWJC No.7052 of 2021 dt.04-01-2022
(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.
Interlocutory Application(s), if any, stands disposed
of.
(Sanjay Karol, CJ)
( S. Kumar, J)
Ashwini/K.C.Jha
AFR/NAFR
CAV DATE
Uploading Date 07.01.2022
Transmission Date
