Ram Sewak Rai v. The State Of Bihar And ORS

Patna High Court CWJC No.5161 of 2014 dt.16-07-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5161 of 2014 =========================================================== Ram Sewak Rai Son of Late Ram Deo Rai, resident of Village- Ramnagar Chanchar, P.O. Dalsingsarai, P.S.- Ujiyarpur, District- Samastipur, presently residing at Mohalla- Mithapur, P.S.- Jakkanpur, District- Patna .... .... Petitioner

Versus

1. The State of Bihar through its Chief Secretary, Govt. of Bihar, Patna

2. The Commissioner, Patna Division, Patna

3. The Collector, Patna

4. Special Rationing Officer, District- Patna

5. The Assistant Rationaning Officer, Patna City. .... .... Respondents =========================================================== Appearance :

For the Petitioner : Mr. Surendra Kumar Mishra, Advocate. For the Respondents : None =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 16-07-2018 The present writ petition has been filed for a direction to the respondent authorities to renew the licence of the petitioner to carry on his business of Kerosene Oil as Thela vendor as his licence had been cancelled more than two decades earlier in the year 1993.

2. Learned counsel for the petitioner submits that the petitioner's licence has been cancelled in the year 1993 without consideration of the petitioner's reply to the show cause notice. Licenses of about 51 persons were similarly cancelled on the ground that the persons being Thela Walas had not sold Kerosene Oil at the designated place rather they had indulged in black marketing. The petitioner failed to get any relief in appeal or revision nor even before

Patna High Court CWJC No.5161 of 2014 dt.16-07-2018 this Court in C.W.J.C. No. 7974 of 1994 disposed of on 11.08.1995. It is submitted that in the cases of some other similarly situated persons, however, a lenient view has been taken as evident from the order dated 11.11.2008 passed by this Court in C.W.J.C. No. 5799 of 1994. It is therefore submitted that the petitioner has already suffered harsh punishment for several years and deserves consideration for restoration of the license. The petitioner has filed a representation on 10.06.2012 before the Licensing Authority for redressal of his grievances.

3. None appears on behalf of the respondents.

4. Having regard to the nature and the grievance of the petitioner, this Court is not inclined to pass any positive order but however grant liberty to the petitioner to pursue his representation before the concerned authorities which may be disposed of on its own merits in accordance with law.

5. The writ petition stands disposed of.

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

Uploading Date 19.07.2018 Transmission Date N.A.