Patna High CourtCWJC/23584/2013disposed

Manoj Ravidas v. The State Of Bihar And ORS

2015-09-03Mr. Justice Samarendra Pratap Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.23584 of 2013 ====================================================== Manoj Ravidas, S/O Rameshwar Ravidas, R/O Village- Singhu, P.SManpur, District- Nalanda. .... .... Petitioner

Versus

1. The State of Bihar (through Secretary Food and Civil Supply Department, Old Secretariat, Patna)

2. The District Magistrate, Nalanda at Biharsharif.

3. The Supply Officer, Nalanda at Biharsharif.

4. The Sub- Divisional Officer, Nalanda.

5. The Block Supply Officer, Biharsharif.

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

For the Petitioner/s : Mr. Upendra Kumar For the Respondent/s : Mr. Neeraj Nandan ======================================================

CORAM:

HONOURABLE MR.

JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER 03-09-2015 Heard learned counsel for the petitioner and the State. The petitioner is a P.D.S. dealer bearing license no. 72/Bihar/2010. He seeks quashing of the order dated 11.07.2013 passed in Supply Case No. 21 of 2012 affirming the order dated 14.08.2012 passed in Case No. 11 of 2012 by the Sub-Divisional Officer, Bihar Sharif, whereby his P.D.S. license has been cancelled.

The petitioner submits that most of the complainants have sworn affidavits, which were produced before the Appellate authority, however, despite repeated calls the persons, who sworn affidavits did not appear to support the stand. The petitioner submits that one more chance may be

Patna High Court CWJC No.23584 of 2013 (2) dt.03-09-2015 2 / 2 given to produce the persons, who have sworn their affidavits before the appellate authority.

I am inclined to grant the said opportunity to the petitioner, as such the matter is remitted to District Magistrate, Nalanda. The impugned order passed by the appellate authority would remain in abeyance. It would be the onus of the petitioner to produce the persons swearing the affidavits in his favour before the District Magistrate in course of hearing of the case to substantiate his innocence.

This application stands disposed of.

(Samarendra Pratap Singh, J.) Uday/- U