Santosh Kumar Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13100 of 2016 ====================================================== Santosh Kumar Singh, S/o late Ramsagar Prasad Singh, Resident of VillageTehwara, P.S Katra, District Muzaffarpur. ... ... Petitioner/s

Versus

1. The State Of Bihar through the Collector, Muzffarpur.

2. The Sub Divisional Officer, East Muzaffapur.

3. The Circle Officer-cum-Block Supply Officer, Katra Muzaffarpur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.D.N.Tiwary, Adv.

For the Respondent/s :

Mr.Manoj Kumar, AC to GP4 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 23-01-2019 Learned counsel for the petitioner admits the legal position to the extent that the Licensing Authority under the provision of Bihar Targeted Public Distribution System (Control) Order, 2016 has no authority of law to extend the period for submission of license fee after expiry of the period of eight months provided under Rule 13 (ii) of the Control Order, 2016.

It is an admitted position in the present case that the petitioner could not submit his request for renewal along with the license fee and the delay fee as prescribed under Rule 13 (ii) of the Order of 2016 within the maximum period of eight months.

This Court sitting in its writ jurisdiction would not confer the power on the Authority under the Control Order,

Patna High Court CWJC No.13100 of 2016(3) dt.23-01-2019 2/2 2016 which has not been provided to them under the Rules. It is neither a case of cancellation of license nor a refusal of renewing the license. No mandamus can be issued in the circumstances stated above.

Learned counsel for the State is present.

The writ application has thus no merit and the same is dismissed accordingly.

(Rajeev Ranjan Prasad, J) R.R.Ojha/- U