Madan Ram v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3659 of 2016 ====================================================== Madan Ram ... ... Petitioner/s

Versus

The State Of Bihar and Ors ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Gajendra Kumar Singh, Adv.

For the Respondent/s :

Mr. Shri Anirban Kundu, SC 24 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJEEV PRAKASH SHARMA ORAL ORDER 18-03-2023 The petitioner challenged the order issued vide Memo. No. 170/ dated 16.03.2012, (Annexure-2), passed by respondent no. 4, namely the S.D.O. Maharajganj, whereby his License for PDS dealership was cancelled. The petitioner also challenged the order dated 29.05.2015 (Annexure-5), passed by respondent no 2, namely the Collector-cum-District Magistrate, Siwan, 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 11 years. This Court finds that the P.D.S. dealership licence of the petitioner was cancelled in the year 2012 and more than 11 years have passed by. In lieu thereof, at this stage, it would not

Patna High Court CWJC No.3659 of 2016(2) dt.18-03-2023 2/2 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 11 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. Suraj/- Item No. 48 (Sanjeev Prakash Sharma, J) U