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Patna High CourtMJC/351/2024allowed

Punam Devi @ Poonam Devi v. The State Of Bihar

2024-09-20Mr. Justice A. Abhishek Reddy3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.351 of 2024 In Civil Writ Jurisdiction Case No.7514 of 2023 ====================================================== Punam Devi @ Poonam Devi Wife of Mahendra Das, resident of VillageRamphal Sah Tola, Ward No. 2, Saharsa, P.S.-Saharsa, District-Saharsa. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Old Secretariat, Bihar, Patna. 2.

The Principal Secretary, Food and Civil Supply Department, Govt. of Bihar, Patna.

3.

The Director, Food and Supply Department, Govt. of Bihar, Patna. 4.

The Commissioner, Koshi Division, Saharsa.

5.

The District Magistrate, Saharsa.

6.

The District Supply Officer, Saharsa.

7.

The Sub Divisional Officer, Saharsa.

8.

Supply Inspector Urban Area, Saharsa.

9.

The District Manager, State Food Corporation, Saharsa. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Amarnath Jha For the Opposite Party/s :

Mr.Standing Counsel 4 ====================================================== CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY ORAL ORDER 20-09-2024 Learned counsel for the petitioner has stated that the relief portion in the order dated 22.09.2023 passed in CWJC No. 7514 of 2023 is not the one that has been sought for by the petitioner. Further, learned counsel has stated that the petitioner could not file a representation within the said period granted by this Court and, therefore, seeks indulgence of this Court to grant further time.

2. Let the relief portion in the order dated 22.09.2023

Patna High Court MJC No.351 of 2024(3) dt.20-09-2024 2/3 passed in CWJC No. 7514 of 2023 be read as under; "(i) For issuance of appropriate writ for setting aside the order dated 10.12.2022 passed by the Divisional Commissioner Koshi Divsion Saharsa in Supply Revision Case No. 67/2021 dismissing the said Revision arising out of the order dated 19.06.2021 passed by the Collector Saharsa in Supply Appeal No. 3/19 confirming the order dated 21.12.2019 as contained in Memo No. 3792-2 / Saharsa by the SDO Saharsa where by and whereunder petitioner's license of PDS Dealer has been cancelled.

(ii) For setting aside the order dated 19.06.2021 passed by the Collector Saharsa in Supply Appeal No. 3/19 preferred on behalf of the Petitioner whereby and whereunder the order dated 21.12.2019 Passed by the Sub-Divisional Officer, Saharsa as contained in Memo No. 3792-2 / Saharsa Cancelling the license of the petitioner bearing license No. 69/2016 of PDS Dealer has been confirmed and the said appeal has been dismissed.

(iii) For setting aside the order dated 21.12.2019 passed by the SubDivisional Officer Saharsa as Contained in Memo No. 3792-2 Saharsa whereby and where under the license of the Petitioner bearing license No. 69/2016 of a PDS Dealer has been cancelled.

(v) For any other relief (s) direction (s) to which the Petitioner may be found entitled in the facts and circumstance of the Case.

3. Having regard to the above, the relief portion in the order dated 22.09.2023 passed in CWJC No. 7514 of 2023 is changed and six weeks further time is granted for filing the representation.

Patna High Court MJC No.351 of 2024(3) dt.20-09-2024 3/3

4. The order dated 22.09.2023 passed in CWJC No. 7514 of 2023 is modified to the extent indicated above and the present modification application is allowed.

(A. Abhishek Reddy, J) Ayush/- U