IN THE HIGH COURT OF JUDICATURE AT PATNA M.J.C. No. 1604 of 2011 Md. Safiq Alam, son of late Md. Ishaq, resident of village Mankosi, P.S. Bodhgaya, District Gaya … Petitioner Versus 1. The State of Bihar through Tripurari Saran Singh, the Principal Secretary, Food and Civil Supply Department, Government of Bihar, Patna. 2. Bandana Preyashi, District Magistrate, Gaya 3. Santhal Kumar, Sub-Divisional Magistrate, Sadar, Gaya District Gaya 4. Janardan Prasad, Block Development Officer, Bodhgaya, District Gaya. 5. Rajendra Prasad, Block Supply Extension Officer, Bodhgaya, District Gaya. …Contemner-Opposite Parties … ------- For the Petitioner : M/s Ashok Kumar & Rajendra Prasad, Advocates. For the State : Mr. Harendra Prasad Singh, G.A. 8& Mr. Bindhyachal Rai, A.C. to G.A.8 ------ 05/ 06.07.2011 Collector I/C, Gaya, Sub-Divisional Magistrate, Sadar Gaya, Block Development Officer, Bodh Gaya as well as Marketing Officer, Gaya are present in Court in compliance of order dated 22.06.2011. 2. This petition has been filed by the petitioner for initiating a contempt proceeding against the said authorities for violating the specific direction of this Court vide order dated 08.11.2010, passed in C.W.J.C. No. 16288 of 2010, by which two months’ time was granted to the appellate authority to decide the appeal. 3. The aforesaid writ petition was filed by the petitioner challenging suspension and cancellation of his fair price shop licence under the Public Distribution System by the Sub-Divisional Officer, - 2 - Sadar Gaya. Against the said order, an appeal was filed by the petitioner before the District Magistrate, Gaya, but the appellate authority neither numbered the said appeal nor decided the same, which remained pending since 24.07.2009. In the said circumstances, the petitioner was constrained to move this Court by filing the said petition, which was disposed of by order dated 08.11.2010 with a direction to the appellate authority to decide the said appeal within two months from that date. When even much after two months, the said appeal was not decided by the appellate authority, namely, the District Magistrate, Gaya, the petitioner filed the instant contempt petition. 4. Now the opposite parties have appeared and stated that the appellate authority had decided the appeal, namely, Appeal Case No. 56 of 2010 by order dated 09.05.2011 (Annexure A) and remanded the matter to the Sub-Divisional Officer, Sadar Gaya for fresh decision after making enquiry. Furthermore, in pursuance of the aforesaid appellate order, the Sub-Divisional Officer, Sadar Gaya heard both parties and decided the matter vide his order dated 23.06.2011 (Annexure B). 6. The opposite parties have also tendered their unqualified apologies for delay in compliance of the said order of this Court. 7. Accordingly, this M.J.C. petition is disposed of with a liberty to the petitioner to challenge the said order of the Sub-Divisional Officer, Sadar Gaya, dated 23.06.2011 before the appellate authority under Clause 15 of the Government of Bihar, Food Supply & Commerce - 3 - Department Public Distribution System (Control) Order, 2001. If such an appeal is filed by the petitioner within fifteen days from today, the appellate authority, namely, the District Magistrate, Gaya, shall decide the same within two months thereafter without fail. (S.N.Hussain, J.)