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Patna High CourtCWJC/5419/2020dismissed

Amit Kumar Ram v. The State Of Bihar

2021-07-07Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5419 of 2020 ====================================================== Amit Kumar Ram Son of Yogendra Ram Resident of Lipni, Ward no.13, P.O. and P.S.Mainatand District-West Champaran.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Secretary Food and Civil Supply Governemnt of BIhar New Secretariat Patna.

2.

The District Magistrate West Champaran.

3.

The Sub Divisional Officer, Sadar Bettiah West Champaran. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjeev Kumar Mishra :

Mr.Piyush Saurav For the Respondent/s :

Mr.S. Raza Ahmad ( AAG 5 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 07-07-2021 This matter has been taken up for hearing online because of COVID-19 pandemic restrictions.

The petitioner has put to challenge an order dated 23.07.2018 passed by the District Magistrate, Bettiah whereby he has dismissed an appeal preferred by the petitioner against an order passed by the Licensing Authority-cum-Sub Divisional Officer, Bettiah whereby petitioner's license to run PDS shop was cancelled. The order of the Licensing Authority was passed in 2012 against which the petitioner appears to have filed reappeal in 2017. Considering gross delay in approaching the Appellate Authority against the order of the Licensing Authority, the Appellate Authority has dismissed the petitioner's appeal.

Patna High Court CWJC No.5419 of 2020(2) dt.07-07-2021 2/2 The petitioner also seeks to challenge the original order passed by the Licensing Authority in the present proceeding. On perusal of the pleadings on record, I do not find any justification for delay of more than five years caused by the petitioner in approaching the Appellate Authority against the order cancelling license. The order of the Appellate Authority, in my opinion, does not suffer from any legal infirmity and, therefore, I do not find any merit in this application. This application is accordingly dismissed.

(Chakradhari Sharan Singh, J) AKASH/- U