Ram Kumar Rai v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.470 of 2016 In Civil Writ Jurisdiction Case No. 15057 of 2014 ====================================================== Ram Kumar Rai, son of Late Arjun Rai, resident of Village Madhepur, Police Station Madhepur, District- Madhubani. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Sri Pankaj Kumar, Son of not known to the Petitioner, Principal Secretary, Food and Consumer Protection department Government of Bihar, Patna.

3. Sri Giriwar Dayal, son of not known to the Petitioner, District Magistrate, Madhubani

4. Sri Jagdish Kumar, son of not known to the Petitioner, Sub Divisional Officer, Jhanjharpur, Madhubani.

5. Sri Rajeev Ranjan son of not known to the Petitioner, Circle Officer, Madhepur, Madhubani.

.... .... Respondent/s ====================================================== Appearance:

For the Petitioner/s : Mr. Ashok Kumar Karna, Advocate For the Respondent/s : Mr. Vivek Prasad, GP-18 ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 27-04-2016 Heard learned counsel for the parties.

A show cause has been filed. Let it be kept on record. This contempt application was filed complaining violation and willful disobedience of the order passed in CWJC No. 15057 of 2014. The writ petition was preferred by the petitioner complaining of stoppage of the allotments simply on ground that a criminal case has been instituted. The writ petition was disposed of with a liberty to the petitioner to raise his grievance before the licensing authority who is the Sub-Divisional

Patna High Court MJC No.470 of 2016 (3) dt.27-04-2016 Officer, Jhanjharpur and who was required to dispose of the same within three months of its receipt. The licensing authority on receipt of the representation by the petitioner decided to initiate proceedings for cancellation of his license inter alia by reason of the institution of the criminal case and which has ultimately resulted in order of termination of his license and final order has been passed bearing Memo No. 34 dated 25.01.2016 brought on record vide Annexure-A/1 to the show cause filed today. Although it is the argument of Mr. Anand Kumar Ojha that the order of termination of license is in the teeth of the law laid down but considering that the grievance has been finally disposed of in the order of termination, no case for contempt is made out. The contempt application is thus disposed of reserving liberty for the petitioner to question the order of termination of license before the appropriate forum by filing an appropriate application.

(Jyoti Saran, J) S.Sb/- U