Md Rajib v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5300 of 2021 ====================================================== MD RAJIB S/o Late Md. Muslim Resident of village- Sarbaili Panchayat, Bara Idgah, P.s.- Amour, District- Purnea ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Principal Secretary, Food and Civil Supply Department, Govt. of Bihar, Patna 3.

Collector -cum- District Magistrate, Purnea 4.

Sub Divisional Officer, Baisi, Purnea 5.

Block Development Officer, Amour Block, Purnea 6.

Block Supply Officer, Amour Block, Purnea 7.

Child Development Project Officer, Amour Block, Purnea 8.

Mukhiya Gram Panchayat, Bari Idgah, Amour Block, Purnea ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ajit Ranjan Kumar, Advocate For the Respondent/s :

Mr.Lalit Kishore ( AG ) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE S. KUMAR ) Date : 21-12-2021 Petitioner has prayed for the following relief(s): "For quashing the order contained in Memo. No. 2478 dated 18.07.2014 passed by Sub Divisional Officer, Baisi, Purnea by which licence no. 37 of 2007 of the petitioner for P.D.S. Shop has been cancelled on the ground of

Patna High Court CWJC No.5300 of 2021 dt.21-12-2021 2/3 irregularities, in the matter of distribution of food grains to the public.

For quashing the appellate order dated 30.01.2018 passed in supply Appeal case No. 114 of 2014 by the Collector Purnea by which the order dated 18.07.2014 passed by S.D.O. Baisi has been affirmed and appeal preferred by the petitioner has been rejected.

For commanding the respondents to consider the case of the petitioner and reinstate the licence no. 37 of 2007 of the petitioner for fair price shop in Gram Panchayat Bari Idgah, Amour, Block, Purnea.

For holding that the impugned order dated 18.07.2014 and 30.01.2018 as contained in Annexure-1 and 2 respectively are illegal, arbitrary, malafide and without any lawful justification."

It is submitted on behalf of learned counsel for the State that petitioner has preferred this writ petition against the order passed by the S.D.O., licensing authority, which was passed in 2014 whereby his licence was cancelled and thereafter he preferred an appeal before the Collector, the appellate authority, and the order of cancellation was affirmed by the District Magistrate and thereafter he approached this Court after four years.

There is no explanation for this inordinate delay and the matter being stale, this Court is not inclined to entertain this writ petition and the same is accordingly dismissed.

Patna High Court CWJC No.5300 of 2021 dt.21-12-2021 3/3 Interlocutory application, if any, shall also stand disposed of.

(Sanjay Karol, CJ) ( S. Kumar, J) K.C.Jha/- AFR/NAFR CAV DATE Uploading Date 22.12.2021 Transmission Date