Patna High CourtMJC/306/2015disposed

Batoran Mandal v. The State Of Bihar And ANR

2015-02-18Mr. Justice Jyoti Saran2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.306 of 2015 In Civil Writ Jurisdiction Case No. 693 of 2014 ====================================================== Batoran Mandal, son of Sri Achhelal Mandal, resident of Village-Bathauli, P.O.- Tilrath, P.S.- Barauni, District- Begusarai. .... .... Petitioner/s

Versus

1. The State of Bihar through Sri B. Pradhan, son of not known, presently posted as a Secretary, Food and Consumer Protection Department, Old Secretariat, Patna.

2. Sri Satya Prakash Mishra, son of not known, presently posted as a SubDivisional Officer, Begusarai, District- Begusarai. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Rajeev Kumar Labh For the Respondent/s : Mr. Dhurjati Kr Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 18-02-2015 Heard Mr. Rajeev Kumar Labh, learned counsel appearing for the petitioner and Mr. Dhurjati Kumar Prasad, learned Government Pleader No.7 for the State. The writ petition filed by the petitioner questioning the order of cancellation of his licence was allowed by this Court vide order passed on 16.9.2014. This Court while setting aside the order of cancellation restored the licence of the petitioner. The complaint of the petitioner is that although the licence stands restored but the Licensing Authority is not making allotment of food grains.

Since there was no such direction in the order allowing the writ petition hence no contempt is made out.

Patna High Court MJC No.306 of 2015 (2) dt.18-02-2015 However, having observed as such and in the nature of the order passed in the writ petition whereby the licence stands restored, the petitioner would be justified to raise grievance of nonallotment of food grains despite restoration and thus would be at liberty to represent before the Licensing Authority for his allotment and which shall be considered and disposed of on its own merits by a speaking order within four weeks from the date of receipt/production of a copy of this order. This application is disposed of.

(Jyoti Saran, J) SKPathak/- U