PATNA, India, Oct. 6 -- Patna High Court issued the following judgment on Sept. 8:
1.The Writ petition is filed for the following reliefs:-
"(i) For issuance of an appropriate writ/order/direction in the nature of Mandamus quashing the impugned Letter of intimation dt. 08.10.2018 issued by respondent No. 5 as well as the merit list published by respondent No. 5 informing the petitioner of rejection of his objection to selection of respondent No. 7 for issuance of Public Distribution Shop (PDS) license at village Jajparsa under Chakra Panchayat in Atri Block, Neemchak Bathani Sub division of Gaya District under the provisions of Targeted Public Distribution system (Control) Order, 2016 (under EC Act, 1955) and further for issuance of direction to respondent No. 5 to reconsider his decision and take a decision in a fair and transparent manner regarding issuance of PDS License for the said vacancy (Code 237).
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/MTUjMjQyMzAjMjAxOCMxI04=-Pj--am1--a6WuUhe4=
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