PATNA, India, Sept. 29 -- Patna High Court issued the following judgment on Aug. 29:
1. The Writ petition is filed for the following reliefs:-
"I. That the present writ application is being filed in the nature of certiorari for quashing the letter dated 19.09.2018 bearing memo no. 692 by which the PDS license given in the name of Subhash Pal listed at Serial No. 73 in Division-Bhabhua, BlockChainpur, Panchayat-Kajraon, DistrictKaimur (Bhabhua) as selected by District Magistrate-cum-Chairman. The District Appointment Committee, Kaimur at Bhabhua, respondent no-2 (Annexure-1); on the ground that the PDS license for the same Panchayat has been issued in favour of the father of private respondent no.8 (Mukesh Pal) which has been cancelled and the appeal filed by the father of the private respondent no. 8 is pending before Kaimur at Bhabhua and the same is hit Rule-11 of Bihar Targeted (Control) Order, 2016."
ii. That the present writ application is being filed in the nature of Mandamus for a direction to the District Magistrate-cum- Chairman, The District Appointment Committee, Kaimur at Bhabhua as well as licensing authority to appoint a fresh PDS licensee in Division- Bhabhua, BlockKaramhari, Panchayat- Katrakala, District- Kaimur (Bhabhua) and also to proceed against private respondent no8 for filing affidavit for taking the P.D.S license;
iii. For any other relief/Reliefs for which the petitioner is entitled for.
2.At this juncture, the Learned counsel for the respondents contended that Section 32(iii) of the Bihar Targeted Public Distribution System (Control) Order, 2016 provides for the provision of appeal and Section 32(vi) of the Bihar Targeted Public Distribution System (Control) Order, 2016 provides for the provision of revision. Section 32(iii) 32(v) and 32(vi) read as follows:
"32 (iii). Any person aggrieved by an order of the licensing authority denying the issue or renewal of the license to the fair price shop owner or cancellation of the license may appeal to the District Officer within thirty days of the date of receipt of the order and the District Magistrate shall, as far as practicable, dispose the appeal within a period of sixty days."
32. (v) Till the disposal of appeal pending, the Appellate Authority may direct that the order under appeal shall not take effect for such period as the authority may consider necessary for giving a reasonable opportunity to the other party under sub-clause (4) or until the appeal is disposed of, whichever is earlier
The rest of the document can be viewed at https://patnahighcourt.gov.in/viewjudgment/MTUjMjIwNDcjMjAxOCMxI04=-gFMTYCyCyng=
Disclaimer: Curated by HT Syndication.
