Ganesh Kumar Choudhary v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12654 of 2015 =========================================================== Ganesh Kumar Choudhary, Son of Late Ramlakhan Choudhary, Resident of Village - Ramdashi, P.s. - Rajauli, District - Nawada. .... .... Petitioner

Versus

1. The State of Bihar through the Collector, Nawada.

2. The Collector, Nawada.

3. The Sub Divisional Officer, Rajauli, Nawada.

4. The Block Supply Officer, Rajauli, Nawada. .... .... Respondents =========================================================== Appearance :

For the Petitioner : Mr. N.K.Agrawal, Sr. Advocate Mr. Dhananjaya Nath Tiwari Miss Preety Kunwar, Advocates For the Respondents : Mr. Nawal Kishore Singh SC2 =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 25-08-2018 Heard learned senior counsel for the petitioner as well as learned counsel for the respondents.

2. The present writ petition has been filed for setting aside the order contained in memo no. 744 dated 23.06.2013 passed by the Sub-Divisional Officer, Rajauli, Nawada (Annexure-1) by which the licence granted to the petitioner for carrying on business under PDS system has been cancelled; monthly allotment has been stopped; and further to restore the petitioner's licence.

3. At the very outset, learned counsel for the petitioner submits that it will suffice if the petitioner's representation dated 06.09.2014 (Annexure-4) filed before the Sub-Divisional Officer,

Patna High Court CWJC No.12654 of 2015 dt.25-08-2018 2/2 Rajauli, Nawada (Respondent No. 3) is directed to be disposed of. It is further submitted that pursuant to the judgment dated 23.08.2014 passed in G.R. No. 1481/2013 by learned Sub-Divisional Judicial Magistrate, Nawada by which the petitioner has been acquitted of the charges, the case of the petitioner has been recommended to the District Selection Committee for restoration of his licence (Annexure-5).

4. Learned counsel for the respondents appears and has been heard.

5. Having regard to the nature of the grievances and the stand of the petitioner, the present writ petition is disposed of with a direction to the Sub-Divisional Officer, Rajauli, Nawada (Respondent No. 3) to consider and dispose of the petitioner's representation dated 06.09.2014 (Annexure-4), if the same is still pending before him, after grant of opportunity of hearing to the petitioner in accordance with law expeditiously and preferably within a period of eight weeks from the date of receipt/production of a copy of this judgment. (Vikash Jain, J) B.T/Chandran AFR/NAFR NAFR CAV DATE N.A.

Uploading Date 04.09.2018 Transmission Date N.A.