Tajpur Primary Agriculture Credit Cooperative Society Ltd. v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17158 of 2016 ====================================================== Tajpur Primary Agriculture Credit Cooperative Society Ltd. Block- Manjhi, P.S.- Manjhi, District- Saran at Chapra through its Chairman, Surendra Kumar Singh, S/o Late Ram Naresh Singh, Resident of Village- Tajpur, P.O.- Phulwariya Tajpur, P.S.- Manjhi, District- Saran at Chapra. ... ... Petitioner/s

Versus

1. The State of Bihar through the Collector, Saran at Chapra.

2. The Collector-cum-District Magistrate, Saran at Chapra.

3. The Sub Divisional Officer, Sadar, Chapra.

4. The Block Supply Officer, Manjhi, Saran at Chapra. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. N.K. Agrawal, Sr. Advocate Mr. Dhananjaya Nath Tiwari, Advocate For the Respondent/s :

Mr. Upendra Pratap Singh, AC to SC-4 ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL JUDGMENT Date : 27-07-2018 Heard learned counsel for the petitioner and learned counsel appearing for the State.

2. Petitioner challenges the order bearing Memo No. 892 dated 30.08.2016 (Annexure-4) issued by the Sub-Divisional Officer, Sadar Chapra (Respondent No. 3) cancelling the licence of the petitioner bearing No. 86/2007 on the ground that the licence was not renewed within time and even late renewal was not sought with late fee, as provided under the provisions of PDS Control Orders.

3. Learned counsel for the petitioner submits that the PDS licence was not given to an individual but to a Cooperative Society/PACS and due to laches on the part of the earlier

Patna High Court CWJC No.17158 of 2016 dt.27-07-2018 2/3 Managing Committee the said licence fee was not deposited within time nor renewed with late fee. The present Chairman has only joined the PACS in March, 2015 and has already deposited the late fee along with the renewal application, as such, prayed that the PDS licence be directed to continue.

4. Learned counsel for the State, however, submits that the licence of the petitioner was effective till 31st of December, 2012 and fee for renewal of licence was deposited after a long delay of about four years as also the PDS shop was running without licence.

5. The issue at hand is no longer res integra, as it has been decided by this Court in C.W.J.C. No. 11278 of 2016 vide order dated 28.01.2017 that if licence to the Cooperative Society/ PACS is not renewed then the beneficiaries attached to the concerned village would suffer at large and on ex debito justitiae, allowed the petitioner to be considered for renewal of licence accepting the late fee.

6. Since the petitioner has already deposited renewal application with late fee, the order bearing Memo No. 892 dated 30.08.2016 (Annexure-4) is quashed. Let the licence of the concerned PACS be renewed and supplies be

Patna High Court CWJC No.17158 of 2016 dt.27-07-2018 3/3 restored. However, this order would not be treated as a precedence.

7. The writ application is allowed.

(Nilu Agrawal, J) Rajesh/- AFR/NAFR NAFR CAV DATE NA Uploading Date 27.07.2018 Transmission Date NA