High Court Patna High Court - Orders

Manoj Kumar Choudhary vs The State Of Bihar &Amp; Ors on 23 November, 2010

Patna High Court – Orders
Manoj Kumar Choudhary vs The State Of Bihar &Amp; Ors on 23 November, 2010
                   IN THE HIGH COURT OF JUDICATURE AT PATNA
                                         CWJC No.2315 of 2010
                   MANOJ         KUMAR      CHOUDHARY          S/O    BALESHWAR
                   CHOUDHARY, R/O VILL.- PACHNA, P.S. + DISTT.-
                   SHEIKHPURA.
                                                                   ..... PETITIONER.
                                                VERSUS
                   1. THE STATE OF BIHAR.
                   2. THE          DISTRICT        MAGISTRATE-CUM-COLLECTOR
                      SHEIKHPURA.
                   3. THE SUB DIVISIONAL OFFICER (SUPPLY BRANCH)
                      SHEIKHPURA.
                   4. THE BLOCK SUPPLY OFFICER, SHEIKHPURA, DISTT.-
                      SHEIKHPURA.
                                                                 .....RESPONDENTS.
                                                 ----------

For the petitioner : Mr. Pankaj Kumar-I, Advocate.
For the State : Mr. Sanjeev Kumar Singh, A.C. to S.C.21.

———

02/ 23.11.2010 Heard learned counsel for the petitioner and learned

counsel for the respondents-State of Bihar and its authorities.

2. Petitioner is aggrieved by orders of the Sub-

Divisional Officer, Sheikhpura (respondent no.3) by which he

earlier suspended his fair price shop licence under Public

Distribution System and subsequently he cancelled the said

licence.

3. Learned counsel for the petitioner submits that

against the said orders he had filed an application before the

District Magistrate, Sheikhpura on 10.02.2009 (Annexure-7), but

the said application has not yet been disposed of. Hence, he prays

that the said application be considered as an appeal against the

order of respondent no.3 and be decided by the District Magistrate,

Sheikhpura, the appellate authority as an appeal.

4. In the aforesaid facts and circumstances, this writ
-2-

petition is disposed of with a direction to the District Magistrate,

Sheikhpura to treat the petitioner’s application dated 10.02.2009

(Annexure-9) as an appeal under Clause 15 of the Govt. of Bihar,

Food Supply and Commerce Department Public Distribution

System (Control) Order, 2001, notified vide G.S.R 1 dated

20.02.2007 and decide the same on merits in accordance with law

expeditiously preferably within a period of four months from the

date of receipt/production of a copy of this order.

(S. N. Hussain, J.)

Sunil