Ganesh Prasad Sah v. The State Of Bihar And ORS

Patna High Court CWJC No.13946 of 2013 (3) dt.30-09-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13946 of 2013 ======================================================

1. Ganesh Prasad Sah Son Of Late Jagdish Prasad Sah Resident Of Village And P.O.- Lalapur Bhader, P.S.- Kahalgaun, District- Bhagalpur .... .... Petitioner/s

Versus

1. The State Of Bihar Through The Secretary Food And Consumer Protection Department, Old Secretariat, Patna

2. The Collector, Bhagalpur, District- Bhagalpur

3. The Sub-Divisional Officer, Kahalgaun, District- Bhagalpur .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Rajeev Kumar Labh For the Respondent/s : Mr. Tej Bahadur Singh ======================================================

CORAM:

HONOURABLE MR.

JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER 30-09-2015 The petitioner held PDS licence. He is aggrieved by order, dated 18.8.2011 passed by the Sub-Divisional Officer, Kahalgaon cancelling his licence which was affirmed by the Collector, Bhagalpur by order dated 7.6.2013.

The petitioner submits that his shop was inspected at 7 PM, beyond the time prescribed for inspection of the shop under 2007 Order. He further submits that the Appellate Authority did not consider the statements of the consumer who stated that they have no grievance against the petitioner. He also submits that the Appellate Authority did not consider the letter of local Mukhiya who too did not make any complaint against the petitioner. Having regard to the facts and circumstances of the case, this

Patna High Court CWJC No.13946 of 2013 (3) dt.30-09-2015 writ application is disposed of with liberty to the petitioner to take resort to remedy of revision. In case such revision is filed, the learned Commissioner would condone the delay in filing of the revision as the petitioner was pursuing his case before this Court and dispose of the same preferably within three months from the date of its filing.

It is relevant to state herein that the licensing authority would immediately supply the enquiry report to the petitioner within two weeks from the date of filing of his representation before him.

Pending final adjudication by the learned Commissioner, the respondents would not grant licence to any third party in respect of petitioner's shop.

(Samarendra Pratap Singh, J) KHAN/- U