Deo Nandan Ray v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17453 of 2016 =========================================================== Deo Nandan Ray son of Late Babu Lal Ray resident of Village- Jahangirpur Sham, P.S.- Desari, District- Vaishali.

.... .... Petitioner/s

Versus

1. The State of Bihar through Secretary, Food & Civil Supply Department, Old Secretariat, Patna, Bihar.

2. The Collector, Vaishali, Hajipur.

3. The Sub-Divisional Officer, Vaishali, Hajipur.

4. The Block Supply Officer, Desari, Hajipur. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Vijay Anand,Adv For the Respondent/s : Mr. S. RAZA AHMAD- AAG5 =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 26-06-2018 The present writ petition has been filed challenging the order dated 21.06.2016 passed by the Collector, Vaishali at Hajipur in Supply Appeal No. 32/2011-12 by which the appeal preferred by the petitioner is dismissed and affirming the order dated 18.08.2008 of cancellation of PDS licence passed by the SDO., Mahnar,Vaishali.

2. Learned counsel for the petitioner submits that in a subsequent development, the petitioner has since been acquitted of the charges in Criminal Trial No. 122 of 2017 and has accordingly represented before the S.D.O., Mahnar for revival of his PDS licence. By letter dated 12.12.2017 (Annexure-10) the S.D.O., Mahnar has

Patna High Court CWJC No.17453 of 2016 dt.26-06-2018 refrained from proceeding in the matter during the pendency of the present writ petition.

3. Learned counsel for the respondents appears and has been heard. It has been pointed out that the prayer in the writ petition has not been amended to grant the relief now sought on behalf of the petitioner for revival of the licence.

4. Having heard the parties and on consideration of the materials on record, this Court is of the view that the ends of justice will be met if the writ petition is disposed of with a direction to the S.D.O., Mahnar, Hajipur (Respondent No. 3) to dispose of the petitioner's representation said to be pending before him as aforesaid, in accordance with law, preferably within a period of six weeks from the date of receipt/production of a copy of this judgment.

5. The writ petition stands disposed of.

(Vikash Jain, J) Chandran/BT AFR/NAFR NAFR CAV DATE NA Uploading Date 02.07.2018 Transmission Date NA