Patna High CourtCWJC/15048/2015disposed

Shiv Shankar Pandey v. The State Of Bihar And ORS

2017-03-29Mr. Justice Shivaji Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15048 of 2015 =========================================================== Shiv Shankar Pandey S/o Late Bishwanath Pandey Resident of Village Laxmipur, P.S. Pirpainti, District Bhagalpur.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. The District Magistrate, Bhagalpur.

3. The District Supply Officer, Bhagalpur.

4. The Sub Divisional Officer, Kahalgaon, District Bhagalpur.

5. The Block Supply Officer, Pirpanti, District Bhagalpur.

6. The Block Supply Officer, Kahalgaon, District Bhagalpur. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Tarun Prasad Mandal, Adv. For the Respondent/s : Smt. Namrata Mishra- GA-13 =========================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL JUDGMENT Date: 29-03-2017 Heard learned counsel for the petitioner and counsel for the State.

In this case, an order of suspension is under challenge vide Memo No. 42 dated 6.1.2012 passed by the Sub-Divisional Officer, Kahalgaon.

Learned counsel for the petitioner submits that only on account of institution of criminal case, the license of the petitioner has been suspended for more than 90 days and submits that there cannot be a suspension of license for more than 90 days. The petitioner has come before this Court after three years. Instead of approaching this Court, the petitioner should have

Patna High Court CWJC No.15048 of 2015 dt.29-03-2017 approached to the Sub-Divisional Officer concerned who is the Licensing Authority.

Let the petitioner should approach before the Licensing Authority who will consider the case of the petitioner and take a decision in accordance with law. If the petitioner files a proper application, the Sub-Divisional Officer concerned will be obliged to dispose of the same within a period of two months from the date of filing of the application along with a copy of this order by the petitioner.

With the aforementioned observation and direction, this application is disposed of.

(Shivaji Pandey, J) Rishi/- AFR/NAFR NAFR CAV DATE NA Uploading Date 31.03.2017 Transmission Date