Raja Ram Bharti v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19860 of 2016 ===========================================================

1. Raja Ram Bharti, Son of Late Yogendra Bharti, Resident of Village- Panapur, P.S.- Rajopur, District- East Champaran.

.... .... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary, Department of Food and Civil Supply, Govt. of Bihar, Patna.

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

3. The District Magistrate, East Champaran, Motihari.

4. The Sub Divisional Officer, Pakari Dayal, District- East Champaran.

5. The District Supply Officer, Motihari, East Champaran. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Nagendra Rai For the State : Mr. Upendra Pratap Singh, AC to SC 4 =========================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL JUDGMENT Date: 01-05-2017 Heard learned counsel for the petitioner and learned counsel for the State.

In the present writ petition, petitioner is challenging the order dated 21.9.2016 passed by the Sub Division Officer, Pakridaya, East Champaran by which he has refused to renew the licence of the petitioner.

P.S.D. Licence of the petitioner has been cancelled on the ground that he has not renewed his licence since 2003 and for the

Patna High Court CWJC No.19860 of 2016 dt.01-05-2017 first time he has approached to the authority concerned in 2007. Ground has been taken that he was facing ailment and on that account he has not take appropriate steps for depositing the fee for renewal of the licence. Save and except the vague statement there is no material to show that petitioner was suffering from any ailment.

Learned counsel for the petitioner submits that as the plea of the petitioner of illness has not been disputed by the Licensing Authority so he has not produced any material before this Court for consideration of the same.

There is provision for appeal. In such view of the matter petitioner is directed to approach before the Appellate Authority annexing the document of nature of ailment. If the petitioner files an application within three weeks from today before the authority concerned, the authority concerned will consider his case and pass necessary orders in accordance with law within a period of four months from the date of filing of the application. While considering application the Appellate Authority will consider the pendency of the present writ petition. With the aforesaid observation and direction this writ

Patna High Court CWJC No.19860 of 2016 dt.01-05-2017 petition is disposed of.

(Shivaji Pandey, J) Vinay/- AFR/NAFR NAFR CAV DATE NA Uploading Date 2.5.2017 Transmission Date NA