Patna High CourtCWJC/12248/2014disposed

Mahendra Rajak v. The State Of Bihar And ORS

2018-07-23Mr. Justice Vikash Jain2 pages

Patna High Court CWJC No.12248 of 2014 dt.23-07-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12248 of 2014 =========================================================== Mahendra Rajak S/o Late Basant Rajak, resident of village Begumpatti, ViaMathna Milak, P.S. Chehrakalan, District-Vaishali. .... .... Petitioner

Versus

1. The State of Bihar through the Secretary, Food & Civil Supplies, Government of Bihar, Patna.

2. The District Magistrate, Vaishali at Hajipur.

3. The Sub-Divisional Officer-cum-Licensing Authority, Mahua, Vaishali.

4. The Assistant District Supply Officer, Mahua, Vaishali.

5. The Block Supply Officer, Block Chehrakalan, District Vaishali. .... .... Respondents =========================================================== Appearance :

For the Petitioner : Mr. Raghwanand, Advocate. For the Respondents : Mr. M. Nasrul Hoda Khan, SC-18 =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 23-07-2018 The present writ petition has been filed for quashing the letter dated 09.09.2013 issued by the Assistant District Supply Officer, Mahua addressed to the Sub-Divisional Officer, Mahua, Vaishali whereby and whereunder learned Assistant District Supply Officer has recommended to detach the going on business of the PDS shop of the petitioner and the same has been attached with the PACS of Mathuna Panchayat and further has directed to ask show cause from the petitioner for initiating necessary action against him; and for connected reliefs.

2. At the very outset, learned counsel for the petitioner

Patna High Court CWJC No.12248 of 2014 dt.23-07-2018 refers to the counter affidavit to submit that the PDS license of the petitioner has been cancelled by Memo No. 693 dated 11.11.2013 (Annexure-C) and submits that the writ petition need not be pressed on merits if the petitioner is granted liberty to prefer an appeal against the said cancellation order.

3. Having regard to the nature of the grievance of the petitioner and in view of order of cancellation of the PDS license, the writ petition stands disposed of with liberty to the petitioner to prefer statutory appeal against such order.

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

Uploading Date 27.07.2018 Transmission Date N.A.