Nimosi Devi @ Nimaso Divi v. The State Of Bihar And ORS

Patna High Court CWJC No.18199 of 2015 dt.18-08-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18199 of 2015 =========================================================== Nimosi Devi @ Nimaso Divi, W/o- Binod Lal Harijan, resident of Village- Mohan Singh Tola Panchayat, Natuapara, P.O.- Natuapara, P.S.- Bahadurganj, DistrictKishanganj. .... .... Petitioner

Versus

1. The State of Bihar through Secretary Food & Civil Supply Department, Government of Bihar, Patna.

2. The Collector, Kishanganj.

3. The District Supply Officer, Kishanganj.

4. The Sub Divisional Officer, Kishanganj.

5. The Assistant Godown Manager, State Food Corporation, Bahadurganj, District- Kishanganj.

.... .... Respondents =========================================================== Appearance :

For the Petitioner : None For the BSFC : Mr. Shailendra Kumar Singh, Advocate. =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 18-08-2018 The present writ petition has been filed for the following reliefs - "(i) For quashing of the order dated 18.11.2008 passed by learned Sub-Divisional Officer, Kishanganj (respondent no.

4) containing Memo NO. 690 whereby and whereunder the license no. 1B/2002 granted to the petitioner was suspended with immediate effect on the ground that Vigilance Case No. 86/2008 was lodged against the petitioner and the same is ground under Clause 7(iii) of P.D.S. (Control) order, 2001 for suspension of his license. (ii) For grant such other relief(s) for which the petitioner is found to be entitled."

Patna High Court CWJC No.18199 of 2015 dt.18-08-2018

2. None appears on behalf of the petitioner despite repeated calls.

3. Learned counsel for the respondents appears.

4. This Court takes note that the petitioner has approached this Court after inordinate delay of about seven years in the year 2015 for quashing of the impugned order dated 18.11.2008 and there is delay and laches on the part of the petitioner. In any event the validity of the order of suspension was merely 90 days and the writ petition has clearly become infructuous.

5. The writ petition accordingly stands dismissed. (Vikash Jain, J) Md. Ibrarul/Chandran AFR/NAFR NAFR CAV DATE N.A.

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