Prabhunath Chaudhari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14238 of 2019 ====================================================== Prabhunath Chaudhari Son of Late Baleshwar Chaudhari Resident of village - Rampur, P.S.- Laxmanpur, Distt- Vaishali.

... ... Petitioner/s

Versus

1.

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

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

3.

The District Magistrate, District- Vaishali.

4.

The Sub Divisional Officer, Mahua, District- Vaishali. 5.

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

For the Petitioner/s :

Mr.Jitendra Kumar Giri, Advocate For the Respondent/s :

Mr.S. Raza Ahmad ( Aag5 ) ====================================================== CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY ORAL JUDGMENT Date : 14-10-2025

1. The Writ petition is filed to direct the Respondent No. 3 to dispose of the PDS Appeal No. R-67/2018-19 which was filed in the light of the order dated 13.09.2018 passed by this Court in C.W.J.C. No. 5030 of 2018.

2. The brief facts culled out of the Writ petition is that the petitioner is a PDS Dealer bearing license No. 102/2006 and he carried out his business

2/4 without any blemish from any corner. All of a sudden, the P.D.S. shop of the petitioner was inspected by Block Supply Officer on 16.05.2017 and found some irregularities and he submitted a report to the Sub Divisional Officer, Mahua, Vaishali vide Memo No. 251 dated 19.05.2017. The petitioner filed his show cause before the Sub Divisional Officer, Mahua but without considering the show cause an order was passed by the Sub Divisional Officer, Mahua dated 13.12.2017 wherein, the license of the P.D.S. dealer was cancelled with immediate effect. Being aggrieved by the same, the petitioner has filed C.W.J.C. No. 5030 of 2018 and the same was disposed of on 13.09.2018 giving liberty to the petitioner to prefer an appeal before the competent authority.

3. Pursuant to the order of this Court in C.W.J.C. No. 5030 of 2018 dated 13.09.2018, the

3/4 petitioner preferred an appeal before the District Magistrate, Vaishali which was numbered as P.D.S. Appeal Case No. R-67/18-19 and the same is pending.

4. It is the contention of the Learned counsel for the petitioner that inspite of filing the appeal, it was not disposed of by the District Magistrate, Vaishali since 2019, therefore, the petitioner was constrained to file the present Writ petition to direct the District Magistrate to dispose of the appeal.

5. Heard the Learned counsel for the petitioner, as well as the Learned counsel for the respondents.

6. The Learned counsel for the respondents contended that direction may be given to the District Magistrate, Vaishali to dispose of the appeal, if the appeal is still pending.

4/4

7. Taking into consideration the contentions of both the counsel, this Court directs the District Magistrate, Vaishali to dispose of the appeal bearing P.D.S. Appeal Case No. R-67/18-19 preferred by the petitioner within two months from the date of receipt of this order, if the appeal is not disposed of.

8. In view of the above observation, the Writ petition stands disposed of.

9. Interlocutory Application(s), if any shall also disposed of.

(G. Anupama Chakravarthy, J) amitkr/- AFR/NAFR NAFR CAV DATE N/A Uploading Date 17.10.2025 Transmission Date N/A