Rajiv Kumar Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11575 of 2019 ====================================================== Rajiv Kumar Gupta S/O Ram Vilas Sahu R/V- Narayanpur Manigachhi, District - Dharbhanga.

... ... Petitioner/s

Versus

1.

The State of Bihar Through Principal Secretary Food and Consumer Protection Department Government of Bihar, Patna. 2.

The Collector cum District Magistrate, Darbhanga. 3.

The Divisional Officer Darbhanga Sadar, Darbhanga. 4.

The District Supply Officer, Darbhanga.

5.

The Block Development Officer cum Block Supply Officer Manigachhi Darbhanga.

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

For the Petitioner/s :

Mr.Ajay Kumar, Adv.

For the Respondent/s :

Mr. Maruthi Nath Roy, A.C to S.C 4 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 14-02-2020 Heard the learned counsel for the petitioner and the learned counsel for the State.

The present writ petition has been filed for quashing the order dated 19.12.2018 passed by the Block Development Officer cum Block Supply Officer, Manigachhi, DistrictDarbhanga whereby and whereunder the petitioner has been restrained from distributing undistributed ration and kerosene oil till further orders. The petitioner has further prayed for quashing the order dated 03.01.2019 passed by the Sub Divisional Officer whereby licence of the PDS dealership of the petitioner bearing licence No. 05 of 2018 has been suspended.

Patna High Court CWJC No.11575 of 2019(2) dt.14-02-2020 2/2 The learned counsel for the petitioner has submitted that despite lapse of 180 days, no final order has been passed by the Sub Divisional Officer, Sadar Darbhanga, hence, he be directed to pass the final order with regard to PDS dealership of the petitioner herein.

The learned counsel for the State has got no objection if a time frame is fixed by this Court for the purpose of passing of final order by the Sub Divisional Officer, Sadar Darbhanga. Having regard the facts and circumstances of the case, the present writ petition stands disposed of with a direction to the Sub Divisional Officer, Sadar Darbhanga to pass the final orders with regard to the PDS dealership of the petitioner bearing licence No. 05 of 2018 within a period of four weeks from the date of receipt/production of copy of this order, if not already passed, failing which the suspension of the licence of the PDS dealership of the petitioner shall stand revoked automatically.

The writ petition stands disposed of on the aforesaid terms.

(Mohit Kumar Shah, J) Tiwary/karanU