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Patna High CourtCWJC/11812/2016dismissed

Rama Singh v. The State Of Bihar And ORS

2023-03-20Mr. Justice Sanjeev Prakash Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11812 of 2016 ====================================================== Rama Singh, Son of Late Ghuran Singh, Resident of Village - Sheouri, Gopinathpur, P.S. - Saraiya, Gram Panchayat - Bahilwara Govind, District - Muzaffarpur.

... ... Petitioner/s

Versus

1.

The State Of Bihar through District Magistrate, Muzaffarpur 2.

The Sub-Divisional Officer, West Muzaffarpur. 3.

The Block Supply Officer, Saraiya, Muzaffarpur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Yugal Kishore,Adv.

For the State :

Mr. Mujtabaul Haque, GP 12 Mr. Manish Kumar, AC to GP 12 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJEEV PRAKASH SHARMA ORAL ORDER 20-03-2023 The petitioner challenged the order dated 20.03.2012 (Annexure- 2), passed by respondent no. 2, namely the Sub-Divisional officer, West, Muzaffarpur, vide memo no. 456, whereby his licence for PDS dealership was cancelled. The petitioner also challenged the order dated 19.01.2016 (Annexure- 3), passed by respondent no. 1 , namely the District Magistrate, Muzaffarpur, 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 3 years. This Court finds that the P.D.S. dealership license of

Patna High Court CWJC No.11812 of 2016(4) dt.20-03-2023 2/2 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 license can be granted to him after 10 years of cancellation of license. 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. 51 (Sanjeev Prakash Sharma, J) U