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Patna High CourtCWJC/9507/2017dismissed

Kalelshwar Sahni v. The State Of Bihar And ORS

2023-03-20Mr. Justice Sanjeev Prakash Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9507 of 2017 ====================================================== Kalelshwar Sahni son of Late Kisun Sahni resident of Village - Dumri Ghat, P.S. - Beldaur, District - Khagaria.

... ... Petitioner/s

Versus

1.

The State Of Bihar, through the Secretary, Food and Civil Supplies, Govt. of Bihar, Patna 2.

The Collector, Khagaria.

3.

The Sub-Divisional Officer-cum-Licensing Officer, Gogri, Khagaria. 4.

Block Supply Officer, Beldaur, Gogri, Khagaria. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Abhijit Abhigyan, Adv.

For the State :

Mr. U.P. Singh, AC to SC-4 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJEEV PRAKASH SHARMA ORAL ORDER 20-03-2023

1. The petitioner challenged the order dated 01.12.2009 (Annexure- 1), passed by respondent no. 3, namely the Sub-Divisional Officer-cum-Licencing Officer, Gogri, Khagaria, in Memo No. 08M, whereby his licence for PDS dealership was cancelled. The petitioner preferred an appeal against the order dated 01.12.2009 to the Collector, Khagaria whereby appeal preferred against the said order was rejected vide order dated 29.09.2014.

2. 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.

3. This Court finds that the P.D.S. dealership licence

Patna High Court CWJC No.9507 of 2017(4) dt.20-03-2023 2/2 of the petitioner was cancelled in the year 2009 and more than 14 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 licence can be granted to him after 14 years of cancellation of licence. However, it is made clear that the petitioner shall be always eligible to apply again for the PDS dealership, if he so chooses.

4. 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) Pravinkumar/- Item No. 5 U