Pradyuman Paswan v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7275 of 2018 =========================================================== Pradyuman Paswan, Son of Late Bal Govind Paswan, Resident of Village-Parsa, P.S. - Balua Bazar, District-Supaul.

.... .... Petitioner

Versus

1. The State of Bihar through Principal Secretary, Department of Food and Civil Supplies, Bihar, Patna.

2. The District Magistrate, Supaul.

3. The Sub-Divisional Officer, Birpur, District-Supaul.

4. The Block Supply Officer, Basantpur Prakhand (Birpur), District-Supaul .... .... Respondents =========================================================== Appearance :

For the Petitioner : Mr. Murari Narain Chaudhary Mr. Vijay Kumar, Advocate For the Respondents : Mr. S. Raza Ahmad -AAG5 Mr. Alok Ranjan, AC to AAG 5 =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 29-06-2018 Heard learned counsel for the petitioner as well as learned counsel for the respondents.

2. The present writ petition has been filed for the following reliefs - "(i) For quashing of an order vide Memo No. 1056-2 dated 10.12.2016 issued with the signature of the SubDivisional Officer, Birpur (Respondent No. 3) contained in Annenxure-3 to this application, whereby and whereunder the licence no. 135/07 issued in favour of this petitioner for running Public Distribution Shop has been cancelled under the provisions of Rule 25 of the Bihar Targeted Public Distribution System (Control)

Patna High Court CWJC No.7275 of 2018 dt.29-06-2018 2/3 Order, 2016 as well as price and stock Display order 1977.

(ii) For a direction to the Respondents to restore the licence of this petitioner for running his Public Distribution shop during pendency of instant writ application.

(iii) For restraining the Respondents from issuance of any fresh licence in favour of any one running Public Distribution shop, fallen vacant from cancellation of the licence of this petitioner.

(iv) For any other relief or reliefs, the petitioner is entitled for."

3. At the very outset, learned counsel for the petitioner submits that it will suffice if Supply Appeal Case No. 01 of 2017 filed by the petitioner before the District Magistrate, Supaul (Respondent No.

2) which is pending, is directed to be disposed of, in which event, the present writ petition need not be pressed on merits.

4. Learned counsel for the respondents appears and has been heard. No counter affidavit has been filed till date.

5. Having regard to the nature of the grievances and the stand of the petitioner, the present writ petition is disposed of with a direction to the District Magistrate, Supaul (Respondent No. 2) to consider and dispose of the said Supply Appeal Case No. 01 of 2017, if the same is still pending before him, after grant of opportunity of hearing to the petitioner in accordance with law expeditiously and

Patna High Court CWJC No.7275 of 2018 dt.29-06-2018 3/3 preferably within a period of eight weeks from the date of receipt/ production of a copy of this judgment.

(Vikash Jain, J) B.T/Chandran AFR/NAFR NAFR CAV DATE N.A.

Uploading Date 03.07.2018 Transmission Date N.A.