PATNA, India, Oct. 15 -- Patna High Court issued the following judgment on Sept. 16:
1.The writ petition is filed for the following reliefs:
"That this writ application is being filed for a direction to the respondents concerned to consider the case of the petitioner for allotment of Public Distribution System Shop as the petitioner under the category of backward caste applied for PDS shop under Gram Panchayat Hardi West (Ward No. 9) under Block- Supaul, District Supaul. But without considering his application form properly, the license to run Public Distribution System shop has illegally been issued in favour of the Private Respondent No. 5 and/or any other relief/ reliefs, writ/ writs, order/ orders, direction/ directions for which the petitioners are found to be entitled in the facts and circumstances of the case.
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
(vi) Due to non disposal of the appeal within sixty days by the District Officer or against the order passed in the appeal, a revision may be filed before the Divisional Commissioner. The revision shall be disposed of within two months.
The rest of the document can be viewed at https://patnahighcourt.gov.in/viewjudgment/MTUjNzIzOCMyMDE5IzEjTg==-XjMjuhhhp40=
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