Yogendra Prasad Yadav v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.18596 of 2016 ====================================================== Yogendra Prasad Yadav S/o late Raghunandan Prasad Yadav Resident of Village/Mohalla- Bichla Telpa, P.S.- Town Thana, District- Saran at Chapra.
.... .... Petitioner
Versus
1. The State of Bihar through Principal Secretary Food and Civil Supply Government of Bihar, Patna.
2. The Principal Secretary Food and Civil Supply, Bihar, Patna.
3. The District Magistrate, Saran at Chapra.
4. The Sub-Divisional Officer, Sadar Chapra, Saran. .... .... Respondents ====================================================== Appearance :
For the Petitioner : Mr. Alok Ranjan, Advocate Mr. Ranjay Kumar, Advocate Mrs. Chhateshwari Devi, Advocate For the Respondents : Mr. Arvind Ujjwal-Sc4 Mr. M. N. Roy, AC to SC4 ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 07-03-2017 Heard learned counsel for the parties.
In the limited question raised by the petitioner, who is a PDS fair price shop owner, his licence cannot be kept under suspension on account of lodging a criminal case which is ultimately made in favour of the petitioner and he has been acquitted from all charges. A criminal case instituted against the petitioner for commission of offence under Section 7 of the Essential Commodities Act was registered as Town P.S. Case no. 98 of 1988 and on that account the Sub Divisional Officer has cancelled the licence. But after trial the petitioner has been
Patna High Court CWJC No.18596 of 2016 (2) dt.07-03-2017 2/2 acquitted from the charges. The petitioner has filed an application for revival of his licence under the PDS System which is pending for a long time.
Let Sub Divisional Officer, Saran at Chapra, decide the application of the petitioner and take decision in accordance with law preferably within a period of two months from the date of receipt/production of a copy of this order. Accordingly, the application stands disposed of. (Shivaji Pandey, J) sudip/- U