Shiv Shankar Maharaj v. The State Opf Bi9har Through Principal Secretary, Food And Civil Supply Department, And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13158 of 2016 =========================================================== Shiv Shankar Maharaj son of Shri Ramjee Maharaj resident of Village Chakdumaria, P.O. Pira Khurd, P.S. Supaul, District- Supaul. .... .... Petitioner

Versus

1. The State of Bihar Through Principal Secretary, Food & Civil Supply Department, Bihar, Patna.

2. The Collector, Supaul.

3. The Sub Divisional Officer, Sub-Division Supply Office, Supaul.

4. The District Supply Officer, District Suplly Office, Supaul.

5. The Divisional Supply Officer, Divisional Supply Office, Supaul.

6. The Block Supply Officer, Supaul.

7. Nageshwar Maharaj son of Late Boku Maharaj resident of VillageChakdumaria, P.O.- Pipra Khurd, P.S. and District Supaul. .... .... Respondents =========================================================== Appearance :

For the Petitioner : Mr. Tara Nath Jha, Advocate For the State : Mr. Lalan Kumar AC to GP 9 =========================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL JUDGMENT Date: 08-12-2016 Heard learned counsel for the petitioner and the State. It is urged that his application for change in place of PDS shop was rejected vide Annexure 8 and writ petition filed against that was dismissed on the ground of non-prosecution. Thereafter, his licence was suspended and cancelled and the order suspension and cancellation was challenged in C.W.J.C. No. 1179 of 2016 which was allowed vide Annexure 16. The impugned orders were set aside. It is contended that the petitioner cold not file restoration application for the reasons that his licence was itself suspended and cancelled.

Patna High Court CWJC No.13158 of 2016 dt.08-12-2016 2/2 Those orders were subsequently quashed and set aside vide Annexure

16. Thereafter, the present writ application has been filed. In the peculiar facts and circumstances of the case, this writ application is being disposed of with liberty to the petitioner to file a fresh application for transfer of his PDS shop/licence to village Pipra Khurd which should be considered and disposed of by the licensing authority on its own merit and in accordance with law without being prejudice by its earlier order rejecting the same as contained in Annexure 8.

(Dr. Ravi Ranjan, J) Spd/- AFR/NAFR NAFR CAV DATE NA Uploading Date 06.03.2017 Transmission Date NA