Shashi Bhushan Ravidas v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8441 of 2015 =========================================================== Shashi Bhushan Ravidas Son of Vishundhari Ravidas resident of village - Mahanandpur, Firozpur, P.S. Asthawan, District - Nalanda .... .... Petitioner

Versus

1. The State of Bihar

2. The Principal Secretary, Department of Food and Civil Supplies, Government of Bihar, Patna

3. The District officer/Collector, Nalanda

4. The Sub Divisional Officer, Nalanda at Bihar Sharif

5. The District Supply Officer, Nalanda at Bihar Sharif, Department of Food and Civil Supplies, Government of Bihar

6. The Supply Inspector, Ashthawan, District Nalanda, Department of Food and Civil Supplies, Government of Bihar

7. The Supply Inspector, Head Quarter, Department of Food and Civil Supplies, Government of Bihar .... .... Respondents =========================================================== Appearance :

For the Petitioner : None For the Respondents : Mr. Sunil Kumar, AC to GP 11 =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 13-08-2018 The present writ petition has been filed for the following reliefs - "(i) To issue an appropriate writ/writs to set aside the order passed in Case no. 14/02 by the learned District Officer, Nalanda exercising his appellate jurisdiction by which he has dismissed the appeal filed by the petitioner and upheld the order passed by the learned Sub Divisional Officer, Bihar Sharif by which PDS Licence of the petitioner bearing No. 44/94 has been cancelled. (ii) To issue a writ of mandamus commanding upon the respondents to allow and restore the public Distribution System (PDS) shop of the petitioner to run smoothly as

Patna High Court CWJC No.8441 of 2015 dt.13-08-2018 2/3 it was being run earlier.

(iii) To pass any other order/orders for which the petitioner is legally entitled.

2. None appears on behalf of the petitioner despite repeated calls.

3. A perusal of the writ petition discloses that the grievance of the petitioner is that the appeal was kept pending for 12 years. Even though the appeal against the order dated 19.07.2002 was filed on 19.08.2002 in Case No. 14/02, the said appeal was disposed of after inordinate delay of 12 years on 24.06.2014 resulting in injustice to the petitioner.

4. Learned counsel for the respondents, on the other hand, opposes the writ petition, submitting that the petitioner had not produced the relevant documents at the time of inspection on two occasions. Be that as it may, the appeal has since been disposed of.

5. Having perused the writ petition and having heard learned counsel for the respondents, this Court finds the writ petition to be devoid of merit. The petitioner does not appear to have taken any step for early disposal of the appeal nor approached this Court for direction in this regard. The validity of the appellate order has also not been questioned. The petitioner has also not stated any ground for not preferring the statutory revision against the impugned appellate order.

6. The writ petition accordingly stands dismissed.

Patna High Court CWJC No.8441 of 2015 dt.13-08-2018 3/3 (Vikash Jain, J) B.T/Chandran AFR/NAFR NAFR CAV DATE N.A.

Uploading Date 16.08.2018 Transmission Date N.A.