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Patna High CourtCWJC/12841/2011dismissed

Bechan Paswan v. The State Of Bihar And ORS

2023-03-27Mr. Justice Sanjeev Prakash Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12841 of 2011 ====================================================== BECHAN PASWAN S/O Late Darwari Paswan R/O Vill.- Kharagbani, P.S.- Babubarhi, Distt.- Madhubani ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

The Collector, Madhubani 3.

The Sub-Divisional Officer, Madhubani 4.

The Block Supply Officer Babubarhi, District- Madhubani ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

None For the State :

Mr. Md. Zeeshan Kalim, AC to SC 20 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJEEV PRAKASH SHARMA ORAL ORDER 27-03-2023 The petitioner has challenged the order dated 09.07.2009 (Annexure- 1), passed by respondent No. 3, namely the Sub-Divisional Officer, Madhubani, vide case no. 4/89, whereby his license for PDS dealership was cancelled. The petitioner has also challenged the order dated 13.01.2011 (Annexure- 2), passed by respondent no. 2, namely the Collector, Madhubani, whereby the 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 11 years. This Court finds that the P.D.S. dealership license of

Patna High Court CWJC No.12841 of 2011(10) dt.27-03-2023 2/2 the petitioner was cancelled in the year 2009 and more than 13 years have passed by. In view thereof, at this stage, it would not be appropriate to examine the matter. Moreover, by efflux of time, the present writ petition has rendered infructuous, hence, no relief of renewing/restoring of license can be granted after 13 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, the present writ petition is dismissed as having become infructuous with the aforesaid liberty to the petitioner.

(Sanjeev Prakash Sharma, J) Suraj/- Item No. 78 U