Patna High CourtCWJC/18300/2015disposed

Ashok Das v. The State Of Bihar And ORS

2017-04-07Mr. Justice Shivaji Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18300 of 2015 =========================================================== Ashok Das, son of Baleshwar Das, Resident of village- Mandai, P.S.- Khizersarai, District- Gaya, At/ present P.D.S. Dealer (Now suspended) in Nawdiha Gram Panchayat, Khizersarai Block, District- Gaya. .... .... Petitioner/s

Versus

1. The State of Bihar

2. The Special Secretary, Department of Food and Civil Supply, Govt. of Bihar, Patna.

3. The Commissioner, Magadh Division, Gaya

4. The Collector, Gaya.

5. The Sub-Divisional officer, Neemchak Bathani, District- Gaya

6. The Assistant District Supply Officer, Neemchak Bathani District Gaya

7. The Block Supply Officer, Khijersarai, District- Gaya. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Dronacharya, Adv. For the Respondent/s : Mr. S.S. Pandey, SC-14 =========================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL JUDGMENT Date: 07-04-2017 Heard learned counsel for the petitioner and counsel for the State.

In this case, the petitioner is challenging the order contained in Memo No. 944 dated 4.8.2015 passed by S.D.O., Neemchak Bathani, Gaya by which the P.D.S. licence of the petitioner bearing Licence No. 01/2009 has been cancelled on the ground of involvement of the petitioner in black-marketing and violation of the terms of Clause 5(i)(iv) and (vi) of the Public Distribution System (Control) Order, 2001.

Patna High Court CWJC No.18300 of 2015 dt.07-04-2017 After cancellation of the P.D.S. licence, the petitioner has filed an application before the District Magistrate, Gaya raising his plea that the licence of the petitioner has wrongly been cancelled and also attached the certified affidavits showing that the consumers have no any grievance against the petitioner.

As the matter is pending in the court of Appellate Authority, let the Appellate Authority should dispose of the matter within a period of three months from the date of receipt/production of a copy of this order.

The petitioner, if so advised, may file supplementary application in support of his contention.

With the aforementioned observation, this application is disposed of.

(Shivaji Pandey, J) Rishi/- AFR/NAFR NAFR CAV DATE NA Uploading Date 08.04.2017 Transmission Date NA