Primary Agriculture Credit Cooperation Committee Ltd. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No. 12409 of 2021 ====================================================== Primary Agriculture Credit Cooperation Committee Ltd. Saraipur through its President Sonia Devi, aged about 34 Years (Female) W/o-Umesh Kumar Keshaw, R/o-Village Saraipur, Terahasia, District-Vaishali. ... ... Petitioner/s

Versus

1.

The State of Bihar through Principal Secretary, Food and Civil Supply Department, Govt. of Bihar, Patna.

2.

The District Magistrate-Cum-Collector, Vaishali. 3.

The Sub-Divisional Officer, Hajipur, Vaishali. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Akash Chaturvedi, Advocate For the Respondent/s :

Mr. Upendra Pratap Singh (AC to SC 4) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 13-09-2021 The instant case has been taken up for consideration through the mode of Video conferencing in view of the prevailing situation on account of COVID 19 Pandemic, requiring social distancing.

The present writ petition has been filed seeking the following reliefs:- (i) For issuance of writ in the nature of certiorari seeking quashing of order dated 07.10.2018 passed in Supply case no. 35 of 2018 issued vide memo no. 855 dated

Patna High Court CWJC No.12409 of 2021(2) dt.13-09-2021 2/3 07.10.2018 whereby the license of the petitioner has been cancelled in gross violation of principles of natural justice and also in violation of executive order issued by the Government of Bihar vide memo no. 2565 dated 26.03.2015.

(ii) For issuance of writ in the nature of declaration holding that the impugned order of cancellation of license is wholly illegal, arbitrary and without jurisdiction the same has been passed ignoring the Executive order of the Government of Bihar as well as without granting any opportunity of rebuttal. (iii) for issuance of writ in the name of mandamus directing the respondents to restore the license of the petitioner and resume the supply with immediate effect.

At the outset, the learned counsel for the petitioner seeks to withdraw the present petition with liberty to move the appropriate respondent authority for redressal of his aforesaid grievances.

The learned counsel for the respondent- State Sri Upendra Pratap Singh (AC to SC 4) has got no objection. Accordingly, the present writ petition stands disposed of as not pressed, however with the aforesaid liberty and in case

Patna High Court CWJC No.12409 of 2021(2) dt.13-09-2021 3/3 appropriate representation/Appeal is filed by the petitioner within a period of four weeks from today, the same shall be considered in accordance with law and an appropriate order shall be passed within a period of eight weeks, thereafter. (Mohit Kumar Shah, J) rinkee/- U