Surendra Chaudhary v. The State Of Bihar And ORS

Patna High Court CWJC No.9590 of 2014 dt.20-07-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9590 of 2014 =========================================================== Surendra Chaudhary Son of Sita Ram Chaudhary r/o village - Jalalpur, P.S. Giriyak, District - Nalanda .... .... Petitioner/s

Versus

1. The State of Bihar

2. The Secretary - Cum - Commissioner, Department of Food and Civil Supplier, Government of Bihar, Patna

3. The District Magistrate, Nalanda,District - Nalanda

4. The Sub - Divisional Officer, Rajgir, Distt. - Nalanda

5. The Dustrict Supply officer, Nalanda at Biharsharif, District - Nalanda .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Rabindra Prasad Singh,Adv Mr. Nand Lal Prasad Sinha, Adv For the Respondent/s : Mr. Kamlesh Kishore, AC to SC 12 =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 20-07-2018 The present writ petition has been filed for a direction to consider the grievance of the petitioner afresh after filing fresh application before the District Supply Officer, Biharsharif, dated 02.01.2014 for renewal of PDS licence no. 9/2002 of the petitioner.

2. Learned counsel for the petitioner submits that he has filed a representation dated 02.01.2014 for renewal of his PDS licence no. 09/2002, but the same has not been acceded to.

3. Learned counsel for the respondents on the other hand refers to the counter affidavit to oppose the writ petition. It is pointed out that the petitioner's licence was cancelled as far back as on 05.04.2005. It was made

Patna High Court CWJC No.9590 of 2014 dt.20-07-2018 the subject matter of appeal before the District Magistrate, Nalanda which was also rejected on 31.07.2009. The petitioner did not succeed before this Court in CWJC No. 2961 of 2010 nor in LPA or even in the SLP (Civil) No. 1086 of 2011, which was finally dismissed on 22.01.2013.

4. Having heard the parties and on consideration of the materials on record, this Court finds the writ petition to be devoid of merit. The stand of the respondents has not been controverted as no rejoinder to the counter affidavit has been filed.

5. It is therefore clear that the petitioner's licence had been cancelled in the year 2005 which matter had attained finality. In this view of the matter, the question of renewal of licence of the petitioner as sought does not arise and the writ petition stands dismissed. (Vikash Jain, J) Chandran/BT AFR/NAFR NAFR CAV DATE NA Uploading Date 24.07.2018 Transmission Date NA