Rajvanshi Mahto v. The State Of Bihar And ORS

Patna High Court CWJC No.5797 of 2015 dt.07-08-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5797 of 2015 =========================================================== Rajvanshi Mahto son of late Kamal Mahto , resident of Village- Pirari, Post Office- Pirari, Police Station- Inarwa, District- West Champaran (Bettiah). .... .... Petitioner/s

Versus

1. The State of Bihar

2. The District Collector, West Champaran at Bettiah.

3. The District Supply of Officer, West Champaran (Bettiah)

4. The Sub Divisional Officer, Narkatiyaganj, West Champaran (Bettiah).

5. The Block Supply Officer, Gaunaha Block, District - West Champaran (Bettiah).

.... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Syed Masleh-uddin Ashraf For the Respondent/s : Mr. KUMAR PRIYARANJAN- SC23 =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 07-08-2018 The present writ petition has been filed for the following reliefs - (i) For issuance of an order in the nature of certiorari to quash the order dated 11.05.2009 passed by the District Collector, West Champaran, Bettiah in Case No. CRM-02/08-09 whereby the case of the petitioner has been dismissed as time barred (Annexure-6). (ii) For issuance of an order in the nature of certiorari to quash the order contained in Memo No. 500 dated 18.07.2008 passed by the Sub Divisional Officer, Narkatiyaganj, whereby and whereunder without considering the reply to show cause of the petitioner, the licence of the petitioner has been cancelled (Annexure-3).

(iii) For any other relief/reliefs as your Lordships may be

Patna High Court CWJC No.5797 of 2015 dt.07-08-2018 deemed fit and proper in the facts and circumstances of the case.

2. Learned counsel for the petitioner submits that the order of the Collector endorsed on the memo of appeal itself has been passed without application of mind and without considering the reasons for delay stated with a prayer for condonation of the delay.

3. This Court however finds that the petitioner has approached this Court after an inordinate delay of six years to impugn the order of the Collector without any explanation for such delay.

4. This Court is therefore, not inclined to enter into the merits of the contention of the petitioner on the grounds of delay and laches. The writ petition stands dismissed.

(Vikash Jain, J) Chandran/BT AFR/NAFR NAFR CAV DATE NA Uploading Date 10.08.2018 Transmission Date NA