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Patna High CourtL.P.A/674/2023dismissed

Vinay Kumar Singh v. The State Of Bihar

2025-01-22Mr. Justice Ashutosh Kumar,Mr. Justice Partha Sarthy3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.674 of 2023 In Civil Writ Jurisdiction Case No.13772 of 2016 ====================================================== Vinay Kumar Singh, Son of late Swali Singh, Resident of Village - Dighwa Tole, Dubouli, P.S. - Baikunthpur, District - Gopalganj. ... ... Appellant/s

Versus

1.

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

2.

The District Magistrate, Gopalganj.

3.

The Sub Divisional Officer, Gopalganj.

4.

The Block Supply Officer, Baikunthpur, Gopalganj. ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. Mirityunjay Kumar, Advocate For the Respondent/s :

Mr. Alok Ranjan, AC to AAG-5 ====================================================== CORAM: HONOURABLE THE ACTING CHIEF JUSTICE and HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL JUDGMENT (Per: HONOURABLE THE ACTING CHIEF JUSTICE) Date : 22-01-2025 Re. I.A. No. 1 of 2023 in L.P.A. No. 674 of 2023 :- The aforesaid interlocutory application has

Patna High Court L.P.A No.674 of 2023 dt.22-01-2025 2/3 been filed seeking condonation of delay of 14 days in preferring the present Letters Patent Appeal.

2. For the reasons stated in the application, the delay in preferring the appeal is, hereby, condoned.

3. I.A. No. 1 of 2023 stands allowed.

Re. L.P.A. No. 674 of 2023 :-

4. Heard Mr. Mirityunjay Kumar, the learned Advocate for the appellant and Mr. Alok Ranjan, the learned counsel for the State.

5. The appellant was a PDS licensee whose licence was cancelled way-back in the year 2016.

6. The challenge to the aforesaid termination of his licence also did not succeed. After seven years, the appellant had approached the High Court, seeking the restoration of his licence.

7. The learned Single Judge, while dismissing the writ petition, took note of the fact that at such a belated stage, it would not be appropriate to examine the matter as by the efflux of time, the writ

Patna High Court L.P.A No.674 of 2023 dt.22-01-2025 3/3 petition has become infructuous. The licence must have been granted to another person, whose licence also would have expired by now.

8. There is no reason for us to interfere with the order dated 18.03.2023 passed by the learned Single Judge in C.W.J.C. No. 13772 of 2016.

9. The appeal has no merits and is, therefore, dismissed.

(Ashutosh Kumar, ACJ) (Partha Sarthy, J) Praveen-II/- AFR/NAFR NAFR CAV DATE N/A Uploading Date 23/01/2025 Transmission Date N/A