Patna High CourtCWJC/414/2014disposed

Shiv Kumar v. The State Of Bihar And ORS

2015-03-31Mr. Justice Jyoti Saran2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.414 of 2014 ====================================================== Shiv Kumar, S/o Hardev Sharma, resident of Village- Satamarh, BlockKhizharsarai, P.S- Bela, District- Gaya. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. The Commissioner, Magadh Division.

3. The District Magistrate, Gaya.

4. The Block Supply Officer, Khizarsarai, Gaya. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Santosh Kumar For the Respondent/s : Mr. Purnendu Singh,, GP-27 ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 31-03-2015 Learned counsel for the parties are present.

The petitioner was a licensee under the Public Distribution System (Control) Order 2001 for operating a fair price shop. The licence of the petitioner stands cancelled under the order of the Licensing Authority dated 20.12.2007. The grievance of the petitioner is that although he had deposited a sum of Rs.26,706.50 paisa for issue of foodgrains but since his licence got cancelled in the meanwhile that there was no occasion for him to lift the food-grains and the amount remained with the respondent-authorities. Learned counsel for the petitioner has produced a letter issued by the Commissioner, Magadh Division, Gaya addressed to the District Magistrate, Gaya dated 27.10.2009 to

Patna High Court CWJC No.414 of 2014 (2) dt.31-03-2015 submit that although orders were issued by the Commissioner, Magadh Division, Gaya as back as in 2009 for refund of his amount but the same has not been followed by the District Magistrate, Gaya and in these circumstances that the writ petition was filed.

Having heard learned counsel for the parties and taking note of the limited grievance raised by the petitioner, the writ petition is disposed of with a liberty to the petitioner to file a comprehensive representation before the District Magistrate, Gaya along with the supportive documents towards his claim for refund and who shall consider and dispose of the same in accordance with law and after giving an opportunity of hearing to the petitioner within a period of three months from the date of receipt/production of a copy of this order.

(Jyoti Saran, J) SKPathak/- U