Pritam Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12879 of 2018 ====================================================== Pritam Kumar S/o Girish Rai R/o Village Gaura-1 Ward No., 3, P.S. Teghra, District- Begusarai ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

The District Magistrate, Begusarai 3.

The Sub Divisional Officer Teghra, Begusarai 4.

The District Manager, Bihar State Food and Civil Supplies Corporation Ltd., Begusarai 5.

The Block Development Officer, Teghra, Begusarai 6.

The Block Supply Officer, Teghra, Begusarai ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

M/s Binod Kumar Rahul Singh, Advocates For the State :

Mr. Bijoyh Kumar Sinha, AC to AAG V For the BSFC :

Dr. Kislay, Advocate ====================================================== CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY ORAL JUDGMENT Date : 17-03-2025

1. The petitioner has filed the Writ petition for the following reliefs:

"(i) The instant writ application is being filed for set aside the order dated 8.3.2018, Gyapank no.

60 passed by the Sub Divisional Officer, Teghra in the District of Begusarai by which the license of Pritam Kumar, PACS Chairman as well as the public distribution system dealer in the Panchayat Gaura - 01 Block Teghra, License No. 03/2011-12 has been

Patna High Court CWJC No.12879 of 2018 dt.17-03-2025 2/3 cancelled .

ii. To any other relief or relief(s) for which the petitioner is found to be entitled in the facts and circumstances of the case."

2. At the outset, Learned counsel for petitioner contended that since this matter is squarely covered under the judgment dated 22.02.2022 passed by a Division Bench of this Court in CWJC No. 21200 of 2021 (Ramashish Kumar Versus The State of Bihar & Ors.), this writ petition may also be disposed of on the same term and conditions.

3. Heard the learned counsel for the petitioner as well as the respondents.

4. In view of the fact that this matter is squarely covered by the aforesaid judgment, the Writ application is allowed in light of the judgment passed in Ramashish Kumar (supra) and the order impugned dated 08.03.2018 (Annexure-5) is set aside. The matter is remitted to the Licensing Authority / Respondent No. 3 for writing out a fresh order in accordance with law after giving

Patna High Court CWJC No.12879 of 2018 dt.17-03-2025 3/3 reasonable opportunity to the petitioner to explain his cause.

5. Needless to state that other stakeholders shall also be heard before a final order is passed.

6. It is expected that the final order shall be passed within a period of 60 days from the date of receipt / production of a copy of this order.

7. Interlocutory Application(s), if any, shall stand disposed of.

(G. Anupama Chakravarthy, J) Spd/- AFR/NAFR NAFR CAV DATE NA Uploading Date 18.03.2025 Transmission Date