Rajnandan Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2851 of 2016 ====================================================== Rajnandan Singh son of Late Janardhan Singh, R/o Village- Makhora, P.S.- Sihari, P.S.- Daudnagar, Dist- Aurangabad Bihar. ... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

The District Magistrate cum Collector, Aurangabad. 3.

The Sub Divisional Officer, Daudnagar, Aurangabad. 4.

The District Supply Officer, Dist- Aurangabad. 5.

The Block Supply Officer, Daudnagar cum Marketing Officer Daudnagar, Aurangabad.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Nawal Kishore Singh, Advocate For the Respondent/s :

Mr. Shankar Kumar, AC to AAG-7 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJEEV PRAKASH SHARMA ORAL ORDER 18-03-2023 The petitioner challenged the order dated 16.10.2011 (Annexure-1), passed by respondent no.3, namely the SubDivisional Officer, Daudnagar, Aurangabad, in case no. 12 of 2011, whereby his licence for PDS dealership was cancelled. The petitioner also challenged the order dated 25.06.2015 (Annexure-2), passed by respondent no.2, namely the District Magistrate-cum-Collector, Aurangabad, 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 writ petition and the same has been pending for almost seven

Patna High Court CWJC No.2851 of 2016(4) dt.18-03-2023 2/2 years.

This Court finds that the P.D.S. dealership licence of the petitioner was cancelled in the year 2011 and more than 12 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 12 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. 3 U