Harendra Thakur v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16458 of 2017 ====================================================== Harendra Thakur Son of Jamiri Thakur, R/o Village- Turkauliya, P.O. Madhopur, P.S. Bathnaha, District- Sitamarhi. ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

The Collector, Sitamarhi District.

3.

The Additional Collector, Public Grievance Cell-cum-Ist, Appellate, Tribunal of Public Grievance C 4.

The S.D.O. of Sitamarhi Sadar. null null 5.

The Circle Officer, Bathnaha Block, District- Sitamarhi. 6.

Shri Jageshwar Ram, son of Fathers name not known, PDS Deale under Turkaulia Panchayat, P.S. Bathnaha, District- Sitamarhi ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ashok Kumar Jha, Adv.

For the Respondent/s :

Mr. S.Raza Ahmad -AAG-5 ====================================================== CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY ORAL ORDER 18-06-2025

1. The Writ petition is filed for the following reliefs:- That this application is being filed for issuance of a writ in the nature of Mandamus commanding the respondent No. 2 for compliance of an order issued under the signature of respondent No. 2 and 3 dated 29.04.2012 and 10.02.2017 directing the

2/4 respondent Nos. 4 to cancel the PDS License of private respondent No. 6 with immediate effect in terms of the inquiry report submitted by the respondent No. 6 vide Letter No.

dated 10.07.2017 and further for issuance of any other appropriate Writ/ Writs order/ orders direction/directions for which the petitioner is entitled to in the facts and circumstances of the case.

2. A detailed counter affidavit was filed by the respondent Nos. 2, 4 and 5, which disclose that the Learned Sub Divisional Magistrate, Sitamarhi conducted an inquiry through C.O. Bathnaha, as per the direction dated 29.04.2017 of the District Magistrate-cum-2nd Appellate Authority, Sitamarhi, the C.O. Bathnaha submitted that the PDS dealer, Jageshwar Ram was consistently involved in high handedness and irregularities in the distribution of food grains and kerosene oil and he violated the Control Order, 2016. The C.O. further

3/4 recommended to the SDO, Sitamarhi Sadar to cancel the license of PDS dealer, Jageshwar Ram of Village Turkauliya, vide Letter No. 292 dated 10.07.2017.

3. In compliance with the directions of the District Magistrate, Sitamarhi, an Executive Magistrate also conducted an inquiry into the alleged irregularities and high-handedness of the PDS dealer. The allegations were found to be true.

4. In view of the findings in both reportsby the C.O., Bathnaha, and the Executive Magistrate, Sitamarhi-the license of the PDS dealer, Jageshwar Ram, was cancelled with immediate effect.

5. The Learned Counsel for the respondents further contended that the relief sought by the petitioner has already been redressed, as the license of respondent No. 6, the PDS dealer, has been cancelled. Therefore, the writ petition has become infructuous

6. In light of the redressal of the grievance raised by the petitioner, nothing remains for

4/4 further adjudication in the present writ petition. Accordingly, the writ petition is dismissed as it is devoid of merits.

(G. Anupama Chakravarthy, J) Manish/- U