Devendra Prasad v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.470 of 2015 ====================================================== Devendra Prasad Son of Late Kashi Das, resident of village- Pakari Barama, P.S. - Pakari Barama, Distt. - Nawada.

.... .... Petitioner/s

Versus

1. The State of Bihar through Secretary, Food, Supply and Commerce Department, Govt. of Bihar, Patna.

2. The Commissioner, Magadh Division, Gaya.

3. The Collector, Nawada

4. The SDO, Nawada

5. The BSO, Pakari Barama, Distt. - Nawada.

.... .... Respondent/s ====================================================== Appearance:

For the Petitioner/s : Mr. Vijay Anand, Advocate For the Respondent/s : Mr. Yogendra Pd. Sinha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 18-02-2015 Heard the parties.

Although the petitioner seeks to challenge the order passed by the statutory authorities under the provisions of the Public Distribution System (Control) Order, 2001 read with the Fair Price Shop Order, 2007 whereby the license of the petitioner for running a fair price shop stands cancelled and has been affirmed by the appellate authority as well as the revisional authority but taking into consideration that whereas the order of cancellation was passed on 16.3.2006, the appellate order was passed on 31.5.2007 and the revisional order was passed on 16.10.2008, this Court is not persuaded to grant indulgence to the

Patna High Court CWJC No.470 of 2015 (2) dt.18-02-2015 petitioner who has slept over his right for all the seven years and even the explanation given by the petitioner at paragraph 36 of the writ petition is not convincing enough to condone the delay of seven years.

The writ petition suffering from gross laches and delay is dismissed accordingly.

(Jyoti Saran, J) S.Sb/- U