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Patna High CourtCWJC/7682/2017dismissed

Shanti Devi @ Most. Shanti Devi v. The State Of Bihar And ORS

2023-03-18Mr. Justice Sanjeev Prakash Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7682 of 2017 ====================================================== Shanti Devi @ Most. Shanti Devi W/o late Bindeshwar Prasad Bashaque R/o Village- Dhohar, Panchayat-Dhohar, Block-Bahadurganj, P.S.-Bahadurganj, District-Kishanganj.

... ... Petitioner/s

Versus

1.

The State Of Bihar and Ors 2.

The District Magistrate, Distt-Kishanganj.

3.

The District Supply Officer, Distt-Kishanganj. 4.

The Sub-Divisional Officer, Distt-Kishanganj 5.

The Block Supply Officer, Block Bhadurganj, Distt.-Kishanganj 6.

The Supply Officer, Bhadurganj, Block Bhadurganj, Distt.-Kishanganj ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Jitendra Kumar Giri, Adv.

For the State :

Mr. U.P. Singh, AC to SC 4 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJEEV PRAKASH SHARMA ORAL ORDER 18-03-2023 The petitioner challenged the order dated 31.12.2014 (Annexure-1), passed by respondent no. 4, namely the Sub Divisional Officer, Kishanganj in case no. 28/2015, whereby her license for PDS dealership was cancelled. The petitioner also challenged the order dated 04.03.2017 (Annexure-2), passed by respondent no. 2, namely the District Magistrate, Kishanganj whereby appeal preferred against the said order was rejected. Learned counsel for the petitioner submits that after passing of the appellate order, the petitioner has preferred this writ petition and the same has been pending for almost 6 years.

Patna High Court CWJC No.7682 of 2017(2) dt.18-03-2023 2/2 This Court finds that the P.D.S. dealership license of the petitioner was cancelled in the year 2014 and more than 9 years have passed by. In lieu thereof, at this stage, it would not be appropriate to examine the matter and by efflux of time, the present writ petition has rendered infructuous and no relief of renewing/restoring of license can be granted to him after 9 years of cancellation of license. However, it is made clear that the petitioner shall be always eligible to apply again for the PDS dealership, if he so chooses.

As such, with the above observations, the present writ petition is dismissed as having become infructuous by efflux of time with aforesaid liberty to the petitioner. (Sanjeev Prakash Sharma, J) Sachin/- Item No. 26 U