Bharat Prasad v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15636 of 2015 ====================================================== Bharat Prasad, S/o Sri Ramasharaya Prasad, Resident of Pipra Station, P.S.- Pipra Station, District- East Champaran ..... .... Petitioner/s

Versus

1. The State of Bihar

2. The Collector, East Champaran at Motihari.

3. The Sub-divisional Officer, Chakiya, East Champaran .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Vijay Anand For the Respondent/s : Mr. R.N. Prasad- Sc9 ====================================================== CORAM: HONOURABLE MR. JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER 13-10-2015 Heard learned counsel for the petitioner and the State. Petitioner submits that his PDS licence bearing Licence no.11/2007 has been cancelled pending Pipra Police station Case No. 122 of 2015 under 7 EC Act against him. Learned counsel for the petitioner submits that after 23.6.2011 amendments, a license cannot be cancelled on the ground of pendency of a criminal case, and it would be the responsibility of the State to take the criminal prosecution to its logical conclusion within a reasonable time.

The submission of the petitioner has substance. The writ petition succeeds and the impugned order is set aside. Shashi.

(Samarendra Pratap Singh, J) U