Awadhesh Kumar Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No. 2947 of 2014 In Civil Writ Jurisdiction Case No. 89 of 2010 ====================================================== Awadhesh Kumar Singh Son of Late Ram Swaroop Singh, resident of Village Patkhauliya, Panchayat Siraamal, Police Station Motihari ( Muffasil), District East Champaran.

.... .... Petitioner

Versus

1. The State of Bihar through Sri B.Pradhan the Principal Secretary, Food Supply and Commerce Department, Government of Bihar, Patna.

2. Sri Narmdeshwar Lal, The Commissioner, Tirhut Division, Muzaffarpur.

3. Sri Abhay Singh, The District Magistrate, East Champaran at Motihari.

4. Sri Gyanendra Kumar, The Sub- Divisional Officer, Sadar, Motihari, District East Champaran.

5. Smt. Shobha Rani, The Block Development Officer, Block Office, Motihari, East Champaran.

6. Sri Ram Pratap Sah, The Supply Inspector- cum- Block Supply Officer, Block Office, Motihari, District East Champaran.

7. Sri Ajay Sharma, The Supply Inspector-cum- Block Supply Officer, Block Office Pipra Kothi, District- East Champaran.

8. Sri Madan Singh, The Sarpanch, Panchayat Sirsamol, Police Station Motihari Muffasil, District East Champaran.

.... .... Opposite Parties ====================================================== Appearance :

For the Petitioner/s : Mr. Anil Kumar For the Opp. Party/s : AC to Addl. Advocate General - 2 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 3.

08-01-2015 Heard learned counsel for the petitioner and learned A.C to Addl. Advocate General - 2.

The present petition was filed with a prayer to initiate contempt proceeding against opposite parties on an allegation of wilful disobedience to an order dated 28-02-2011 passed in C.W.J.C. No. 89 of 2010. By the said order, while setting aside the order dated 14-03-2008 and 23-10-2009, whereby P.D.S.

Patna High Court MJC No.2947 of 2014 (3) dt.08-01-2015 2/2 license of the petitioner was cancelled by the S.D.O., this Court remanded back the matter to the District Level Selection Committee to take fresh decision. As per the direction of the writ court, final decision was to be taken within specified time. In this case, show cause has been filed on behalf of opposite party no. 3 to 7.

Learned State counsel submits that after the remand, in compliance with the order of the writ court, the case of petitioner was considered by the District Level Selection Committee and the claim of the petitioner was rejected by the Committee in the month of June, 2011 itself. A copy of the proceeding has been brought on record, as Annexure 'A' to the show cause.

In view of the facts and circumstances, particularly; the fact that in compliance with the order of the writ court, the District Level Selection Committee has already taken final decision, no contempt is made out.

The petition stands disposed of.

(Rakesh Kumar, J.) Anay/- U