Patna High CourtCWJC/2808/2015dismissed

Manoj Kumar Gupta v. The State Of Bihar And ORS

2017-11-06Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2808 of 2015 =========================================================== Manoj Kumar Gupta, Son of Sri Mahendra Sah, Resident of Village- Harpur Balara, P.O.- Balara Ishmail, P.S.- Maniyari, District- Muzaffarpur .... .... Petitioner

Versus

1. The State of Bihar through the Principal Secretary, Food and Consumer Protection Department, Old Secretariat, Patna

2. The District Magistrate, Muzaffarpur, District Muzaffarpur

3. The Sub Divisional Officer, West Muzaffarpur, District- Muzaffarpur .... .... Respondents =========================================================== Appearance :

For the Petitioner : Mr. Rajeev Kumar Labh, Advocate. For the Respondents : Mr. Kumar Alok, SC-8 =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 06-11-2017 The present writ petition has been filed for a direction to the District Magistrate, Muzaffarpur to dispose of the PDS Appeal No. 8/2014-15 filed by the petitioner on 17.09.2014 against the order of cancellation of PDS license and also to direct the respondent S.D.O., West Muzaffarpur not to appoint any PDS dealer in place of the petitioner till final decision in the matter.

2. Learned counsel for the petitioner submits that an appeal against the cancellation of PDS dealership license was filed on 17.09.2014 but even after lapse of more than 90 days, the appeal remained pending.

3. A counter affidavit has been filed on behalf of respondent no. 2, in para-10 whereof it is stated that the appeal of the

Patna High Court CWJC No.2808 of 2015 dt.06-11-2017 petitioner has since been disposed of by a reasoned order on 08.12.2015 confirming the order dated 10.09.2014 passed by the S.D.O. West Muzaffarpur.

4. In the above view of the matter, the writ petition has clearly become infructuous. The writ petition stands dismissed. I.A. No. 8947 of 2016 stands disposed of.

(Vikash Jain, J) Md. Ibrarul/BT AFR/NAFR NAFR CAV DATE N.A.

Uploading Date 07.11.2017 Transmission Date N.A.