Patna High CourtCWJC/13865/2015disposed

Ram Sundar Paswan @ Ram Sundar Pasman v. The State Of Bihar And ORS

2017-04-04Mr. Justice Shivaji Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13865 of 2015 ====================================================== Ram Sundar Paswan @ Ram Sundar Pasman S/o Late Phusiyahi Paswan, Resident of Village Godhanpur, Post Sukhet, P.S. Jhanjharpur, District Madhubani.

.... .... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary-cum-Commissioner, Department of Food and Consumer Protection, Government of Bihar, Patna.

2. The District Magistrate-cum-Collector, Madhubani.

3. The Sub Divisional Officer cum Licensing Authority, Jhanjharpur, District Madhubani.

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

For the Petitioner/s : Mr. Arjun Kumar, Adv. For the Respondent/s : Mr. Ajeet Kumar, SC-28 ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 04-04-2017 Heard learned counsel for the petitioner and learned counsel for the State.

In this case, the petitioner is challenging the order dated 03.07.2013 (Annexure-6) passed by the Sub-Divisional Officer, Jhanjharpur whereby and whereunder licence of PDS shop of the petitioner has been cancelled.

The proceeding for cancellation of shop of the petitioner was initiated against him by issuing a show cause, which was replied by him whereupon after consideration, the Licensing Authority has found that on the day of inspection, the shop of the petitioner was found closed which led to cancellation

Patna High Court CWJC No.13865 of 2015 (4) dt.04-04-2017 2/2 of his shop, against that, the petitioner approached the Appellate Authority in Supply Appeal Case No. 82 of 2011-12 and the Appellate Authority, vide order dated 21/05/2013, remanded back the matter to the Sub-Divisional Officer, Jhanjharpur for reconsideration. Again, the Sub-Divisional Officer, vide order dated 03/07/2013, considering the record including the report, has refused to pass an order in favour of the petitioner. As there is a provision for appeal, the petitioner may file an appeal for redressal of his grievance. With the above observation/direction, this petition is disposed of.

(Shivaji Pandey, J) Mahesh/- U