Ram Ishwar Paswan v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6082 of 2016 ====================================================== Ram Ishwar Paswan, S/O Late Parmeshwar Paswan, Resident of VillageGarari, P.S.- Konch, Dist.- Gaya ... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Govt. of Bihar, Old Secretariat, Patna 2.

The Principal Secretary, Department of Finance, Govt. of Bihar, Patna 3.

The Director, Department of Finance, Govt. of Bihar, Patna 4.

The Commissioner, Magadh Division, Gaya 5.

The District Magistrate, Gaya 6.

The District Supply Officer, Gaya 7.

The Sub Divisional Officer, Tekari, Gaya 8.

The Block Supply Officer, Konch, Tekari, Gaya ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Rewti Kant Raman, AC to SC-11 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJEEV PRAKASH SHARMA ORAL ORDER 18-03-2023 The petitioner challenged the order dated 13.10.2012 (Annexure-4), passed by respondent no.7, namely the SubDivisional Officer, Tekari, Gaya, whereby his licence for PDS dealership was cancelled. The petitioner also challenged the order dated 29.01.2016 (Annexure-7), passed by respondent no.5, namely the District Magistrate, Gaya, whereby appeal preferred against the said order was rejected. Learned counsel for the petitioner submits that after passing of the appellate order, the petitioner has preferred this

Patna High Court CWJC No.6082 of 2016(3) dt.18-03-2023 2/2 writ petition and the same has been pending for almost 7 years. This Court finds that the P.D.S. dealership licence of the petitioner was cancelled in the year 2012 and more than 10 years have passed by. In lieu thereof, at this stage, it would not be appropriate to examine the matter and by efflux of time, the present writ petition has rendered infructuous and no relief of renewing/restoring of licence can be granted to him after 10 years of cancellation of licence. However, it is made clear that the petitioner shall be always eligible to apply again for the PDS dealership, if he so chooses.

As such, with the above observations, the present writ petition is dismissed as having become infructuous by efflux of time with aforesaid liberty to the petitioner. (Sanjeev Prakash Sharma, J) Amrendra/- Item No. 4 U