Patna High CourtCWJC/2695/2016disposed

Navin Kumar Singh v. The State Of Bihar And ORS

2017-03-30Mr. Justice Shivaji Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2695 of 2016 =========================================================== Navin Kumar Singh Son of Late Arvind Kumar Amar, Resident of Village - Bhartendu Nagar (Baghnocha), Panchayat - Lawapur Narayani, P.S. - Mahnar, District - Vaishali.

.... .... Petitioner/s

Versus

1. The State of Bihar through the Secretary, Food & Civil Supply Department, Old Secretariat, Patna.

2. The Secretary, Food & Civil Supply Department, Old Secretariat, Patna.

3. The District Magistrate, Vaishali at Hajipur.

4. The Sub - Divisional Officer, mahnar, District - Vaishali.

5. The Block Supply Officer, Mahnar, District - Vaishali. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Anand Kumar Ojha, Adv. Mr. Ravindra Kumar Singh, Adv.

For the Respondent/s : Dr. Raj Kumar Singh, AC to SC-7 =========================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL JUDGMENT Date: 30-03-2017 Heard learned counsel for the parties.

In the present case, the P.D.S. license of the petitioner has been cancelled on the ground that he has not deposited the license fee within the extended period of eight months after the date of expiry of renewal period.

Learned counsel for the petitioner submits that there is no allegation of malfunctioning or any involvement of the petitioner in black-marketing.

The license can be revived subject to payment of the license fee. If a person fails to deposits the license fee in terms of the license, license gets suspended.

Patna High Court CWJC No.2695 of 2016 dt.30-03-2017 Instead of approaching this Court directly, the petitioner ought to have deposited the license fee with late fine and when the licensing authority refuses to take any decision, only then, the petitioner had a liberty to approach before the appropriate authority. Be that as it may, if the petitioner deposits the license fee with late fine, the Licensing Authority concerned will take a decision in accordance with law.

With the aforementioned observation, this application is disposed of.

(Shivaji Pandey, J) Rishi/- AFR/NAFR NAFR CAV DATE NA Uploading Date 31.03.2017 Transmission Date