Opportunity to the parties to place on record all essential documents and materials, if required :Patna High Court

Opportunity shall be granted to the parties to place on record all essential documents and materials, if so required and desired is upheld by the High Court of Patna through the learned bench led by HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR in the case of Antu Manjhi Vs. State Of Bihar (Civil Writ Jurisdiction Case No.5902 of 2020).

Petitioner prayed to issue an appropriate order/s, direction/s writ, preferably in the nature of certiorari, for the quashing of the order passed by the respondent under the Bihar Targeted Public Distribution (Control) order 2016 Respondent has dismissed the petitioner’s Fair Price Shop License, invoking Clauses 24 and 26 of the said (Control)Order, 2016, as well as provisions of the National Food Security Act, 2013, and the Prevention of Block Marketing and Maintenance of Supplies of Essential Commodities Act, 1980, as violations. Petitioner further requested that the respondent restore the petitioner’s license, notwithstanding the fact that the petitioner had not been convicted.

The petitioner’s appeal is pending before the District Magistrate in Gaya, and learned counsel for the petitioner argues that if a directive is made for its prompt disposition, the petitioner will be satisfied. According to learned counsel for the respondents, as this appeal is for the year 2019, it must be considered and decided within three months of the petitioner’s presence before the Appellate Authority, along with a copy of this ruling. As a result, the Statement has been accepted and is now part of the record alongside the petition.

The parties will be given the opportunity to record all relevant documents and materials if they so wish, and Petitioner, through skilled counsel, agrees to fully cooperate and not take any unnecessary adjournments. Within three months of the petitioner’s appearance before the Appellate Authority, the Appellate Authority shall decide the appeal on the merits in accordance with natural justice principles, and the Appellate Authority shall issue a reasoned and spoken order.

Likewise, the parties are free to pursue any other legal remedies accessible to them, and when a petitioner pursues such legal remedies before the appropriate venue, the matter will be handled in accordance with the law and in a timely manner.

Court disposed of the instant petition with Interlocutory Application(s), if any,. The court has not decided on the merits, and all questions remain unresolved. As a result, the petitioner retains the right to challenge the ruling if the necessity arises later.

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Judgement reviewed by – Pooja Lakshmi

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