Ram Pujari Devi v. The State Of Bihar And ORS

Patna High Court CWJC No.6260 of 2015 dt.06-03-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6260 of 2015 =========================================================== Ram Pujari Devi wife of Late Rameshwar Singh resident of village- Sherpur, Bahasi Saidpur, P.S.- Jandaha, Distt. Vaishali. .... .... Petitioner/s

Versus

1. The State of Bihar through the Secretary, Food & Consumer Protection Department, Bihar, Patna.

2. The Collector, Vaishali.

3. The Sub-Divisional Officer, Mahua, Vaishali.

4. The Block Supply Officer, Jandaha, Vaishali. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Dhananjaya Nath Tiwari For the Respondent/s :

=========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 06-03-2018 Heard learned counsel for the petitioner and learned counsel for the respondents.

2. The present writ petition has been filed for quashing the order as contained in memo no. 939 dated 20.12.2012 passed by the Sub Divisional Officer, Mahua, Vaishali, whereby the licence of the petitioner to run the public distribution ship has been cancelled; and for a direction to the learned Collector, Vaishali to dispose of the statutory appeal being PDS Appeal No. 203/2013 at the earliest.

3. At the very outset, learned counsel for the petitioner submits that it will suffice if the petitioner's appeal being PDS Appeal No. 203 of 2013 filed before the Collector, Vaishali at Hajipur (respondent No. 2) is directed to be disposed of, in which event, the

Patna High Court CWJC No.6260 of 2015 dt.06-03-2018 present writ petition need not be pressed on merits.

4. Learned counsel for the respondents appears and has been heard.

5. Having regard to the nature of the grievances and the stand of the petitioner, the present writ petition is disposed of with a direction to the Collector, Vaishali at Hajipur (respondent no. 2) to consider and dispose of the petitioner's PDS Appeal No. 203 of 2013, if the same is pending before him, after grant of opportunity of hearing to the petitioner in accordance with law expeditiously and preferably within a period of eight weeks from the date of receipt/production of a copy of this judgment.

6. Considering that an appeal has already been preferred by the petitioner against the impugned order, this Court is not inclined to enter into the merits of the matter.

(Vikash Jain, J) Chandran/BT AFR/NAFR NAFR CAV DATE NA Uploading Date 08.03.2018 Transmission Date NA