Yogendra Mehta v. The State Of Bihar And ORS

Patna High Court CWJC No.2034 of 2015 dt.13-08-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2034 of 2015 =========================================================== Yogendra Mehta S/o Late Lahar Mehta, Resident of Village-Thuthi, P.O. Balua Bazar, P.S. Bhimpur, District Supaul.

.... .... Petitioner

Versus

1. The State of Bihar through the Principal Secretary, Food and Consumer Protection Department, Old Secretariat, Patna.

2. The District Magistrate, Supaul, District Supaul.

3. The Sub Divisional Officer-cum-Licensing authority, Triveniganj, District Supaul.

4. Sri Sahdeo Mehta, Chairman, Primary Agriculture Co-operative Society (PACS), Thuthi Panchayat S/o Late Sitaram Mehta, Resident of Village Thuthi, P.O. Balua Bazar, P.S. Bhimpur, District Supaul. .... .... Respondents =========================================================== Appearance :

For the Petitioner : Mr. Rajeev Kumar Labh, Advocate. For the Respondents : Mr. Kumar Priyaranjan, SC-23 =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 13-08-2018 The petitioner is aggrieved by the continued functioning of the Primary Agriculture Co-operative Society (PACS), Thuthi Panchayat of Chatapur Block in the District of Supaul as a PDS licensee; and a prayer is to direct the licensing authority to cancel the PDS license of the said PACS.

2. Learned counsel for the petitioner submits that the representation had been filed on 22.12.2014 before the licensing authority namely, S.D.O., Triveniganj, Supaul (Annexure-7) and it would suffice if the representation dated 22.12.2014 (Annexure-7) filed before the Sub-Divisional Officer, Triveniganj, Supaul (Respondent

Patna High Court CWJC No.2034 of 2015 dt.13-08-2018 No. 3) is directed to be disposed of, in which event, the present writ petition need not be pressed on merits.

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

4. 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, Triveniganj, Supaul (Respondent No. 3) to consider and dispose of the petitioner's representation dated 22.12.2014 (Annexure-7), if the same is 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) Md. Ibrarul/BT AFR/NAFR NAFR CAV DATE N.A.

Uploading Date 16.08.2018 Transmission Date N.A.