Nawal Kishor Kisku v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9528 of 2019 ====================================================== Nawal Kishor Kisku Son of Chando Kisku R/o Village-Pipradih, P.S.-Belhar, District-Banka ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Food and Consumer Protection Department, Old Secretariat, Patna 2.

The District Magistrate Banka, District-Banka 3.

The Licensing Authority-cum-Sub Divisional Officer Banka, District-Banka ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajeev Kumar Labh, Advocate For the Respondent/s :

Mr.S. Raza Ahmad ( Aag5 ) ====================================================== CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY ORAL JUDGMENT Date : 16-10-2025

1. The Writ petition is filed to direct the licensing authority-cum-Sub Divisional Officer, Banka for disposal of the representation submitted by the petitioner on the direction of the licensing authority for renewal of the P.D.S. license and till final order in this matter no other P.D.S. dealer would be appointed on place of the petitioner.

2. The brief facts culled out of the Writ petition are that the petitioner has valid license bearing No. 11/93 to run the P.D.S. shop.

Patna High Court CWJC No.9528 of 2019 dt.16-10-2025 2/3

3. It is the contention of the petitioner that Maoist have attacked on the house of the petitioner and demanded heavy amount and due to fear the petitioner moved out of the village for few months and after coming to know that situation has become peaceful he returned to the village. Later, he made several applications to the respondents to renew his license. Inspite of it, there is no response from the Sub Divisional Officer, Banka.

4. On the other hand, a detailed counter affidavit was filed on behalf of the State contending that the petitioner's license got expired and he has not made any application for renewal of his license within the stipulated period. However, the counter affidavit is silent as to any order passed on the representations filed by the petitioner.

5. Heard the Learned counsel for the petitioner as well as the Learned counsel for the respondents and perused the record.

6. Taking into consideration the submissions made by both the parties, this Court is of the considered opinion that the Sub Divisional Officer,

Patna High Court CWJC No.9528 of 2019 dt.16-10-2025 3/3 Banka ought to have accepted or rejected the representation of the petitioner which is pending before him. Therefore, this Court directs the 3rd respondent i.e. the Sub Divisional Officer, Banka to pass an appropriate order on the representation of the petitioner which is pending before him, within three months from the date of receipt of this order.

7. With the aforesaid observation, the Writ petition shall stand disposed of.

8. Interlocutory Application(s), if any, shall stand disposed of.

(G. Anupama Chakravarthy, J) amitkr/- AFR/NAFR NAFR CAV DATE N/A Uploading Date 17.10.2025 Transmission Date N/A