Ram Ekwal Ram @ Ramekwal Ram v. The State Of Bihar And ORS

Patna High Court CWJC No.14527 of 2017 dt.03-07-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14527 of 2017 =========================================================== Ram Ekwal Ram @ Ramekwal Ram, Son of Late Rambrikchh Ram, Resident of Village- Mahuawa, P.S.- Bathnaha, District- Sitamarhi. .... .... Petitioner

Versus

1. The State of Bihar through the Principal Secretary, Food and Consumer Protection Department, Old Secretariat, Patna.

2. The District Magistrate-Cum- Collector, Sitamarhi, District- Sitamarhi.

3. The Sub- Divisional Officer, Sitamarhi Sadar, District- Sitamarhi. .... .... Respondents =========================================================== Appearance :

For the Petitioner : Mr. Rajeev Kumar Labh, Advocate. For the Respondents : Mr. Arvind Ujjwal, SC-4 =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 03-07-2018 Heard learned counsel for the petitioner as well as learned counsel for the respondents.

2. The present writ petition has been filed for quashing the order passed by the Sub-Divisional Officer, Sitamarhi Sadar vide memo No. 424 dated 29.10.2016 by which licence of the petitioner bearing no. 67 of 2007 has been cancelled (Annexure-1) because Appeal filed by the petitioner on 09.12.2016 against the cancellation of P.D.S. licence order before the learned District Magistrate-cumCollector, Sitamarhi vide Supply Appeal No. 108 of 2016 which is still pending.

3. Learned counsel for the petitioner confines the prayer

Patna High Court CWJC No.14527 of 2017 dt.03-07-2018 of the petitioner with regard to disposal of the aforesaid supply appeal.

4. At the very outset, this Court takes note that the petitioner has already filed an appeal being Supply Appeal No. 108/2016 before the District Magistrate-cum-Collector, Sitamarhi against the impugned order which is still pending.

5. Having regard to the nature of the prayer of the petitioner, the writ petition is disposed of with a direction to the District Magistrate-cum-Collector, Sitamarhi (respondent no. 2) to consider and dispose of Supply Appeal No. 108/2016, if still pending, on its own merit and in accordance with law after grant of opportunity of hearing to the petitioner, expeditiously and preferably within a period of three months from the date of receipt/production of a copy of this judgment.

(Vikash Jain, J) Md. Ibrarul/BT AFR/NAFR NAFR CAV DATE N.A.

Uploading Date 05.07.2018 Transmission Date N.A.