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Statutory remedy of appeal not exhausted, appellate authority will excuse the delay in submitting the appeal: Patna High Court

If Petitioner has come to this Court without exhausting the statutory remedy of appeal provided under Clause 32 of the Bihar Targeted Public Distribution System (Control) Order, 2016 against the impugned order the appellate authority will excuse the delay in submitting the appeal and shall decide the appeal on its own merit preferably within 8 weeks from the date of its filing if petitioner is granted liberty to file an appeal against the cancellation order passed 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 Girija Devi Vs. The State of Bihar (Civil Writ Jurisdiction Case No. 17288 of 2021)

Brief facts of the case are that this writ petition is a request for the issue of a order/orders, and suitable writ/writs to quash the order of August 24, 2021, contained in memo No. 819, by which the Ld. The petitioner’s License No. 65/16 for carrying on business under the Public Distribution System as a P.D.S. dealer has been capaciously cancelled, and the respondent No. 3 has been directed to continue allocation to the petitioner’s Public Distribution System Shop after declaring the cancellation order null and void, and/or pass such other order(s) as your Lordships may deem fit and proper under the facts and circumstances of the case.

Petitioner has come to this Court without exhausting the statutory remedy of appeal provided under Clause 32 of the Bihar Targeted Public Distribution System (Control) Order, 2016 against the impugned order; as a result, petitioner is granted liberty to file an appeal against the cancellation order passed by the Licensing Authority- cum- S.D.O., Gaya Sadar, if any such appeal is filed within four weeks before the Appellate Authority, the District Magistrate, Gaya, the appellate authority will excuse the delay in submitting the appeal and shall decide the appeal on its own merit preferably within 8 weeks from the date of its filing.

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Judgement reviewed by – Pooja Lakshmi

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