Md. Ismile v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8641 of 2019 ====================================================== Md. Ismile Son of Md. Sahevajan Resident of Village-Paravara, P.S.-Patedhi Belsar, District-Vaishali.

... ... Petitioner/s

Versus

1.

The State of Bihar through its Principal Secretary, Govt. of Bihar, Patna. 2.

The Principal Secretary, Department of Food and Consumer Protection, Govt. of Bihar, Patna.

3.

The District Magistrate, Vaishali at Hajipur. 4.

The District Supply Officer, Vaishali.

5.

The Sub-Divisional Officer, Vaishali at Hajipur. 6.

The Sub-Divisional Supply Officer, Vaishali at Hajipur. 7.

The Block Development Officer, Patedhi Belsar, District-Vaishali. 8.

The Marketing Officer, Patedhi Belsar, District-Vaishali. 9.

The Block Supply Officer, Patedhi Belsar, District-Vaishali. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Kaushal Kishor For the Respondent/s :

Mr. Alok Ranjan, AC to AAG5 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 07-10-2020 Heard both sides.

The matter has been taken up through video conferencing.

The petitioner, in this writ petition, seeks quashing of the order dated 07.01.2000, as contained in memo No. 11 (Annexure-2), by which the Sub divisional Officer, Hajipur suspended the license of the petitioner on the ground that petitioner was found having 11 red card with him and it is alleged that petitioner was not distributing the food grains and

Patna High Court CWJC No.8641 of 2019(2) dt.07-10-2020 2/2 other essential commodities to the red card holders and, thus, the petitioner was selling essential commodities in black market. On the face of it, it appears that the order suspending the license of the petitioner was passed on 07.01.2000 and the petitioner approached this court in the year 2019, that is, after 19 years of suspension of the license of the petitioner. It is submitted that petitioner moved this court when he was acquitted by the competent court.

It appears that Vaishali P.S. case No. 194/1999 was registered on 23.11.1999 and on the basis of which the license of the petitioner was cancelled. Although it is submitted that suspension of license of the petitioner is illegal but I find that petitioner approached this court only after 19 years from the date of suspension of his license and on account of laches, I am not inclined to interfere with the impugned order. Accordingly, this writ petition is dismissed. (Prabhat Kumar Jha, J) BKS/- U