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Patna High CourtCWJC/14188/2017disposed

Lukman Hakim Ansari @ Md. Lukman Ansari v. The State Of Bihar And ORS

2018-05-01Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14188 of 2017 =========================================================== Lukman Hakim (Ansari) @ Md. Lukman Ansari Son opf Late Zainul Haque, Resident of Village-Chalna, Block and Anchal Dhraiya, District-Banka. .... .... Petitioner

Versus

1. The State of Bihar through Secretary, Food & Civil Supply Department, Old Secretariat Patna.

2. The District Magistrate, Banka.

3. The S.D.O., Banka.

4. The Block Supply Officer, Ghoriaya, Banka. .... .... Respondents =========================================================== Appearance :

For the Petitioner : Mr. Vijay Anand, Advocate For the Respondents : Mr. Upendra Pratap Singh, AC to SC4 =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 01-05-2018 Heard learned counsel for the petitioner as well as learned counsel for the respondents.

2. The present writ petition has been filed for challenging the order dated 12.11.2011 passed by SDO, Banka fully contained in Memo no. 1051 whereby and whereunder the PDS license being license no. 9/1992 granted for carrying on the business of P.D.S. shop within the Panchayat of Chalana was cancelled; and for issuance of a direction to the respondents specially Respondent No. 2 to dispose off Appeal 105/2011-12 pending before him since long back.

3. At the very outset, learned counsel for the petitioner submits that it will suffice if the petitioner's Appeal No. 105 of 2011-12 pending before the District Magistrate, Banka (respondent no. 2) is

Patna High Court CWJC No.14188 of 2017 dt.01-05-2018 2/2 directed to be disposed of, in which event, the present writ petition need not be pressed on merits.

3. Learned counsel for the respondents appears and has been heard.

4. Having regard to the nature of the grievances and the stand of the petitioner, the present writ petition is disposed of with a direction to the District Magistrate, Banka (respondent no. 2) to consider and dispose of the petitioner's Appeal No. 105 of 2011-12, if the same is still pending before him, after grant of opportunity of hearing to the petitioner in accordance with law, expeditiously, and preferably within a period of eight weeks from the date of receipt/ production of a copy of this judgment.

(Vikash Jain, J) B.T/- AFR/NAFR NAFR CAV DATE N.A.

Uploading Date 07.05.2018 Transmission Date N.A.