Lakshmi Devi v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.2511 of 2014 =================================================== Lakshmi Devi, Wife of Sri Jawahar Choudhary, Resident of VillageArwal Sipah, P.O., P.S. and District- Arwal. .... .... Petitioner.
Versus
1. The State of Bihar through the Secretary Food and Consumer Protection Department, Old Secretariat, Patna.
2. The District Magistrate, Arwal, District- Arwal.
3. The Sub-Divisional Officer, Arwal, District- Arwal. .... .... Respondents.
=================================================== Appearance :
For the Petitioner : Mr. Rajeev Kumar Labh, Adv. For the Respondents: Mr. Sushil Kumar, GP-22 =================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL JUDGMENT Date: 13-12-2016 Heard parties.
In view of the statement made by the Sub-divisional Officer, Arwal who is present before this Court that Annexure-1 is merely an order for tagging of the allotment of the petitioner with other PDS dealers, the same is not to be considered as an order of cancellation of licence. Admittedly, the order dated 17.12.2013 which has been appended as Annexure-B to the counter affidavit was never supplied to the petitioner.
Accordingly, Annexure-1 is to be considered as merely an order for attachment of the allotment of the petitioner with other PDS dealers and not an order of cancellation of licence.
Patna High Court CWJC No.2511 of 2014 dt.13-12-2016 In such a situation, this writ petition is being disposed of with a liberty to the petitioner to avail the statutory remedy of appeal against the aforesaid order dated 17.12.2013. In the facts and circumstances of the case, if the petitioner prefers an appeal within a period of one month from the date of receipt/production of a copy of this order then let the same be considered and decided on its own merit without touching the issue of limitation in view of the fact that this application has remained pending since the year 2014.
Personal appearance of the Sub-divisional Officer, Arwal is dispensed with.
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