Sanjay Kumar Singh @ Sanjay Kumar v. The State Of Bihar And ORS

Patna High Court CWJC No.13879 of 2014 dt.24-07-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13879 of 2014 =========================================================== Sanjay Kumar Singh @ Sanjay Kumar Son of Raghu Singh @ Raghunath Prasad Singh Resident of Village- Kuwari, P.S.- Kursakanta, District- Araria .... .... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary, Food and Civil Supply Dept. Old Secretariat, Patna

2. The Sub Divisional Officer, Araria .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : None For the Respondent/s : Mr. SC10- S.S.PRASAD =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 24-07-2018 The present writ petition has been filed against the order dated 04.10.2007 by which the petitioner's PDS licence bearing no. 07k/07 dated 22.03.2007 has been cancelled .

2. None appears on behalf of the petitioner despite repeated calls.

3. Learned counsel for the respondents opposes the writ petition firstly on the ground of delay and laches on the part of the petitioner in approaching this Court. In any event, it is submitted that the licence of the petitioner had been illegally granted without the recommendation of the District Selection Committee and hence the same had to be cancelled. This issue stands decided in LPA No. 335 of

Patna High Court CWJC No.13879 of 2014 dt.24-07-2018 2013 (The State of Bihar and Ors. vs. Bibi Israt Jahan).

4. Having heard learned counsel for the respondents, this Court finds the writ petition to be devoid of merit, primarily on the ground of inordinate delay of more than six and half years in approaching this Court in the year 2014 against the cancellation order passed in the year 2007 which itself speaks of delay and laches on the part of the petitioner without adequate explanation for such delay. Even otherwise, no infirmity can be found in the order of cancellation in view of the order passed in LPA No. 335 of 2013, observing that once it is found that the licence was granted contrary to the statutory provision, the licence on the face of it becomes unsustainable.

5. The writ petition accordingly stands dismissed. (Vikash Jain, J) Chandran/BT AFR/NAFR NAFR CAV DATE NA Uploading Date 31.07.2018 Transmission Date NA