Patna High CourtCWJC/8269/2018allowed

Shailesh Kumar v. The State Of Bihar And ORS

2018-05-14Mr. Justice Vikash Jain2 pages

Patna High Court CWJC No.8269 of 2018 dt.14-05-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8269 of 2018 =========================================================== Shailesh Kumar, Son of Ram Pravesh Das, Resident of Village/Panchayat Madhopur, Police Station- Maner, District- Patna. .... .... Petitioner

Versus

1. The State of Bihar through the Principal Secretary, Bihar State Food and Civil Supplies, New Secretariat, Patna.

2. The District Magistrate, Patna.

3. The Additional District Magistrate (Supply), Patna.

4. The Sub-divisional Officer, Danapur, Patna.

5. The Block Supply Officer, Maner, Patna.

.... .... Respondents =========================================================== Appearance :

For the Petitioner : Mr. Mukul Prasad, Advocate For the Respondents : Mr. Alok Ranjan, AC to AAG-5 =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 14-05-2018 Heard learned counsel for the petitioner as well as learned counsel for the respondents.

2. The present writ petition has been filed for quashing the order dated 19.08.2013 contained in Gyapank 735 issued by the SubDivisional Officer, Danapur by which the license of the Public Distribution System of the petitioner being License No. 97/07 has been cancelled as contained in Annexure-3 of the writ petition; and for connected reliefs.

3. At the very outset, learned counsel for the petitioner submits that it will suffice if the petitioner's appeal bearing E.C. Appeal No. 36 of 2014-15 filed before the District Magistrate, Patna (Respondent No. 2) is directed to be disposed of, in which event, the

Patna High Court CWJC No.8269 of 2018 dt.14-05-2018 present writ petition need not be pressed on merits.

4. Learned counsel for the respondents appears and has been heard.

5. Having regard to the nature of the grievances and the stand of the petitioner, the present writ petition is disposed of with a direction to the District Magistrate, Patna (Respondent No. 2) to consider and dispose of the petitioner's appeal bearing E.C. Appeal No. 36 of 2014-15, if the same is still pending before him, after grant of opportunity of hearing to the petitioner in accordance with law, expeditiously, and preferably within a period of eight weeks from the date of receipt/production of a copy of this judgment. (Vikash Jain, J) B.T/- AFR/NAFR NAFR CAV DATE N.A.

Uploading Date 21.05.2018 Transmission Date N.A.