Patna High CourtMJC/1445/2014disposed

Jitendra Kumar v. The State Of Bihar And ORS

2015-01-22Mr. Justice Rakesh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.1445 of 2014 In Civil Writ Jurisdiction Case No. 10142 of 2012 ====================================================== Jitendra Kumar, Son of Late Munilal Sah, resident of village Bokanekala, Police Station- Patahi, District- East Champaran .... .... Petitioner

Versus

1. The State of Bihar, through the Secretary, Department Food and Civil Supply, Secretariat, Patna, Dinesh Kumar

2. Shri Dharsi Kumar, the District Magistrate, East- Champaran, Motihari

3. Shri Shailesh, the Sub-Divisional Officer, Pakridayal, District- East Champaran, Motihari

4. Sri Rakesh Kumar, the Block Supply Officers Patahi, Sub-Division Pakri Dayal, District- East Champaran, Motihari .... .... Opp.Parties.

====================================================== Appearance :

For the Petitioner/s : Mr. Usha Rai For the Respondent/s : Mr. Kumar Alok, SC-8 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER ........................

22-01-2015 Heard learned counsel for the petitioner and Sri Kumar Alok, learned SC-8.

The present petition has been filed with a prayer to initiate contempt proceeding against Opp.Partis on an allegation of disobedience to an order dated 16.05.2013 passed in C.W.J.C.No.10142 of 2012. By the said order, while quashing the order of cancelling the licence of P.D.S dealership, this Court had observed that it will be open for the concerned Sub Divisional Officer to take fresh action as per law.

In this case, a show cause has been filed on behalf of

Patna High Court MJC No.1445 of 2014 (6) dt.22-01-2015 2/2 Opp.Party no.3 and a fresh order passed by the Sub Divisional Officer has been brought on record as Annexure-B to the show cause. In this case, earlier the State Counsel was asked to produce original record of Case no.15 of 2012, which was earlier submitted. I have gone through the record. After examining the record, the Court is of the opinion that the order of the writ court has been complied with.

Accordingly, the petition stands disposed of. If the petitioner feels aggrieved with the order of the Sub Divisional Officer, he would be at liberty to avail appropriate remedy. The original record is hereby returned to Sri Kumar Alok, learned SC-8.

(Rakesh Kumar, J) NKS/- U