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Patna High CourtCWJC/15224/2016dismissed

Asheshwar Singh v. The Commissioner, Saran Division At Chapra And ORS

2023-03-20Mr. Justice Sanjeev Prakash Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15224 of 2016 ====================================================== Asheshwar Singh S/o Late Suaraj Singh resident of village - Hasua, P.S. Nautan, District - Siwan ... ... Petitioner/s

Versus

1.

The Commissioner, Saran Division At Chapra 2.

The District Magistrate, Siwan 3.

The District Supply officer, Siwan 4.

The Sub - Divisional, officer, Siwan 5.

The Circle officer, Jeeradei Circle, Siwan 6.

The Block Supply officer, Jeeradei Block, Siwan ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Gajendra Kumar Jha, Adv.

Mr. Sushil Kumar Jha, Adv.

For the Respondent/s :

Mr. Sanjay Kr. Giri, GP 9 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJEEV PRAKASH SHARMA ORAL ORDER 20-03-2023 The petitioner challenged the order dated 23.06.2012 (Annexure- 3), passed by respondent no. 5, namely the SubDivisonal Officer, Siwan, vide memo no. 173, whereby his licence for PDS dealership was cancelled. The petitioner thereafter challenged the order before the Collector in Supply Appeal No. 57/12-13, which was also rejected by the Collector, Siwan.

Learned counsel for the petitioner submits that after passing of the appellate order, the petitioner has preferred this writ petition and the same has been pending for almost 10 years.

Patna High Court CWJC No.15224 of 2016(3) dt.20-03-2023 2/2 This Court finds that the P.D.S. dealership licence of the petitioner was cancelled in the year 2012 and more than 10 years have passed by. In lieu thereof, at this stage, it would not be appropriate to examine the matter and, by efflux of time, the present writ petition has rendered infructuous and no relief of renewing/restoring of license can be granted to him after 10 years of cancellation of license. However, it is made clear that the petitioner shall be always eligible to apply again for the PDS dealership, if he so chooses.

As such, with the above observations, the present writ petition is dismissed as having become infructuous by efflux of time with aforesaid liberty to the petitioner. (Sanjeev Prakash Sharma, J) Suraj/- Item No. 58 U