Naresh Ravidas v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.22154 of 2018 ====================================================== Naresh Ravidas Son of Late Balgovind Ravidas, Resident of Village- Nerut, P.S.- Asthawan, District- Nalanda.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary Food & Supply Department, Bihar, Patna.

2.

The Commissioner, Patna Division, Patna.

3.

The District Collector, Nalanda at Bihar Sharif. 4.

The Sub Divisional Officer, Bihar Sharif, Nalanda. 5.

The Block Supply Officer, ASthawan, Nalanda.

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

For the Petitioner/s :

Mr. Sanjay Prasad, Advocate.

For the Respondent/s :

Mr. Alok Ranjan ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL JUDGMENT Date : 22-05-2019 Heard Mr. Sanjay Prasad, learned advocate for the petitioner and Mr. Alok Ranjan, learned advocate for the State.

The petitioner is aggrieved by the order dated 11.09.2013 passed by the Sub-Divisional Officer, Bihar Sharif contained in Memo No. 903 whereby the PDS license of the petitioner has been cancelled on several grounds. The appeal preferred by the petitioner has been dismissed on the grounds of limitation.

Patna High Court CWJC No.22154 of 2018 dt.22-05-2019 2/2 Learned counsel for the petitioner has assailed the aforesaid order on several grounds, one being violation of Rule 27 of the Bihar Targeted PDS (Control) Orders, 2016. After some arguments, the learned counsel for the petitioner realized that this order has been passed only in the year 2016 whereas the petitioner was a licensee under the Bihar Trade Articles (Licenses Unification) Order, 1984. This Court is not inclined to interfere with the orders impugned on the sole ground that in the criminal case which was lodged against the petitioner, he has been acquitted. However, under the new scheme, if the vacancy arises, the selection committee shall not non-suit the petitioner on the ground that his PDS license was earlier cancelled or that he was made an accused in a criminal case.

With the aforesaid direction/observation, the writ petition is disposed of.

(Ashutosh Kumar, J) krishna/- AFR/NAFR NAFR CAV DATE NA Uploading Date 23.05.2019 Transmission Date