Shibnarayan Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1458 of 2023 ====================================================== Shibnarayan Sah Son of Asharfi Sah, Resident of Village- Gonha, P.S.- Triveniganj, District- Supaul.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Food and Consumer Protection Department, Old Secretariat, Patna. 2.

The Collector, Supaul, District- Supaul.

3.

The Sub-Divisional Officer, Triveniganj, District- Supaul. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajeev Kumar Labh, Advocate For the Respondent/s :

Mr.S. Raza Ahmad (AAG 5) ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI ORAL JUDGMENT Date : 16-05-2023 Heard learned counsel for the respective parties.

2. In the instant petition, petitioner has prayed for the following reliefs:- "For issuance of an appropriate writ order and direction for quashing the order passed by the Sub-Divisional Officer, Triveniganj issued vide Memo No. 219 dated 3.10.2017 whereby and whereunder License of the petitioner's P.D.S. shop has been suspended only on a sole ground that a F.I.R. U/S 7 of the E.C Act. It has been lodged against the petitioner (Annexure-1) and quashing the order dated 23.07.2022 passed by the learned Collector, Supaul in Supply Appeal Case No. 03/2022 (Annexure- 3) and further may resort the petitioner's license as before and to make allotment for the same."

3. License suspending authority is hereby directed to revisit the matter and take a decision to revive the suspension

Patna High Court CWJC No.1458 of 2023 dt.16-05-2023 2/2 order since the suspension is in vogue from 03.10.2017. That apart, the petitioner has suffered the order before the appellate authority on 23.07.2022. If there is no action on the part of the concerned respondent, the very object of suspension of license is defeated, in other words, the suspension of license is temporary. Further action has not been taken as on this day. Therefore, the suspending authority is hereby directed to undertake to revive the license within a period of one month from the date of receipt of this order.

4. With the aforesaid observations, the present writ petition stands disposed off.

(P. B. Bajanthri, J) Vikash/- AFR/NAFR NAFR CAV DATE N/A Uploading Date Transmission Date N/A