Mohan Mahto v. The State Of Bihar And ORS

Patna High Court CWJC No.12829 of 2018 dt.10-07-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12829 of 2018 =========================================================== Mohan Mahto son of Late Zakar Mahto P.D.S. Dealer, resident of VillageBarwat Prasarain, P.S. Bettiah (M) District- West Champaran. .... .... Petitioner

Versus

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

2. The District Magistrate cum Collector, West Champaran, Bettiah.

3. The Sub-Divisional Officer, Bettiah Sadar West Champaran.

4. The District Supply Officer, West Champaran, Bettiah.

5. The Block Supply Officer, West Champaran, Bettiah. .... .... Respondents =========================================================== Appearance :

For the Petitioner : Mr. Bhavesh Kumar, Advocate. For the Respondents : Mr. Arvind Ujjwal, SC-4 =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 10-07-2018 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 of respondent no. 3 issued under memo no. 64 dated 03.02.2014 whereby and whereunder P.D.S. licence of the petitioner bearing no. 10/2009 has been cancelled and for commanding respondent no. 2 to conclude the proceeding of P.D.S. licence cancellation Appeal No. 33/2014-15 preferred by the petitioner.

3. Learned counsel for the petitioner confines the prayer of the petitioner with regard to disposal of the aforesaid appeal.

4. At the very outset, this Court takes note that the

Patna High Court CWJC No.12829 of 2018 dt.10-07-2018 petitioner has already filed an appeal being Appeal No. 33/2014-15 before the District Magistrate cum Collector, West Champaran, Bettiah against the impugned order which is still pending.

5. Having regard to the nature of the prayer of the petitioner, the writ petition is disposed of with a direction to the District Magistrate cum Collector, West Champaran, Bettiah (respondent no. 2) to consider and dispose of Appeal No. 33/2014-15, if still pending, on its own merit and in accordance with law after grant of opportunity of hearing to the petitioner, expeditiously and preferably within a period of three months from the date of receipt/production of a copy of this judgment. (Vikash Jain, J) Md. Ibrarul/- AFR/NAFR NAFR CAV DATE N.A.

Uploading Date 17.07.2018 Transmission Date N.A.