Ambika Prasad Yadav v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8312 of 2017 ====================================================== Ambika Prasad Yadav Son of Lakchuman Prasad Rai resident of Village - Gamhariya Kala, P.S. Darpa, District - East Champaran. ... ... Petitioner/s

Versus

1.

The State Of Bihar and Ors 2.

The Commissioner, Tirhut Division, Muzaffarpur. 3.

The District Magistrate, East Champaran.

4.

The District Supply Officer, East Champaran, Motihari. 5.

The Sub Divisional Officer, Raxaul, East Champaran. 6.

The Block Supply Officer, Adapur, East Champaran. 7.

The Mukhiya, Gram Panchayat Raj Gamhariya Kala, Adapur, East Champaran.

8.

The Panchayat Secretary, Gram Panchayat Raj Gamhariya Kala, Adapur, East Champaran.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

None.

For the State :

Mr. U.P. Singh, AC to SC 4 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJEEV PRAKASH SHARMA ORAL ORDER 18-03-2023 No one appears for the petitioner.

The petitioner challenged the order dated 02.12.2016, passed by District Magistrate, Motihari, East Champaran in case no. 30/15, whereby his licence for PDS dealership was cancelled. The petitioner also challenged the order dated 14.02.2017, passed by the Commissioner, Tirhut Division, Muzaffarpur, whereby appeal preferred against the said order was rejected.

Learned counsel for the petitioner submits that after

Patna High Court CWJC No.8312 of 2017(2) dt.18-03-2023 2/2 passing of the appellate order, the petitioner has preferred this writ petition and the same has been pending for almost 6 years. This Court finds that the P.D.S. dealership licence of the petitioner was cancelled in the year 2016 and more than 7. 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 7 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. 29 U