Patna High CourtCWJC/9422/2018disposed

Raj Bahadur Singh v. The State Of Bihar And ORS

2018-07-12Mr. Justice Vikash Jain2 pages

Patna High Court CWJC No.9422 of 2018 dt.12-07-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9422 of 2018 =========================================================== Raj Bahadur Singh, S/o Late Ram Krit Singh, Resident of Village- Jatichak, P.S.- Masaurhi, District- Patna.

.... .... Petitioner

Versus

1. The State of Bihar through the Secretary, Food and Consumer Protection Department, Government of Bihar, Patna.

2. The Collector-cum- District Magistrate, Patna.

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

4. The Sub Divisional Officer, Masaurhi, Patna.

5. The Block Supply Officer, Masaurhi.

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

For the Petitioner : Mr. Dhananjaya Nath Tiwari, Advocate. For the Respondents : Mr. S. RAZA Ahmad, AAG-5 =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 12-07-2018 The present writ petition has been filed for a direction to the learned Sub-Divisional Officer, Masourhi to consider and dispose of the representation filed on 03.09.2017 for restoration of the PDS license being license no. 108 of 2007 on the ground of the charges upon which the license was cancelled on filing an F.I.R. being Masaurhi P.S. Case No. 218 of 2014 under Section 7 of the E.C. Act.

2. It is submitted on behalf of the petitioner that by judgment dated 22.06.2017 in G.R. No. 521 of 2014 the petitioner has been acquitted in the criminal trial and hence he is entitled for restoration of license in view of Clause-14 of the PDS Control (Order)

Patna High Court CWJC No.9422 of 2018 dt.12-07-2018 2001 as amended in 2007. It is stated that representation in this regard has been filed before the Sub-Divisional Officer, Masaurhi on 03.09.2017 and the same remains pending.

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

4. Having regard to the nature and the grievance of the petitioner, this Court directs the Sub-Divisional Officer, Masaourhi (respondent no. 4) to consider and dispose of the petitioner's representation said to have been filed on 03.09.2017, if not already disposed of, after grant of hearing to the petitioner in accordance with law expeditiously and preferably within a period of six weeks from the date of receipt/production of a copy of this judgment.

5. The writ petition stands disposed of.

(Vikash Jain, J) Md. Ibrarul/- AFR/NAFR NAFR CAV DATE N.A.

Uploading Date 17.07.2018 Transmission Date N.A.