Vinay Kumar Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13772 of 2016 ====================================================== Vinay Kumar Singh son of Late Sawali Singh, resident of Village- Dighwa Tole, Dubauli, P.S. Baikunthpur, District- Gopalganj. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Food & Civil Supply, Bihar, Patna 2.

The District Magistrate, Gopalganj.

3.

The Sub Divisional Officer, Gopalganj.

4.

The Block Supply Officer, Baikunthpur, Gopalganj. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Anand Kumar Singh, Advocate For the Respondent/s :

Mr. Arvind Ujjwal, SC-4 Mr. U.P. Singh, AC to SC-4 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJEEV PRAKASH SHARMA ORAL ORDER 18-03-2023 The petitioner challenged the order dated 01.04.2016 (Annexure-1), passed by respondent no.3, namely the SubDivisional Officer, Gopalganj, in Supply Case no. 30 of 2016, whereby his licence for PDS dealership of the petitioner was cancelled. The petitioner also challenged the order dated 31.05.2016 (Annexure-5), passed by respondent no.2, namely the District Magistrate, Gopalganj, whereby appeal preferred against the said order was rejected.

Learned counsel for the petitioner submits that after passing of the appellate order, the petitioner has preferred this writ petition and the same has been pending for almost seven

Patna High Court CWJC No.13772 of 2016(3) dt.18-03-2023 2/2 years.

This Court finds that the P.D.S. dealership licence of the petitioner was cancelled in the year 2016 and more than 7 years have passed by. In lieu thereof, at this stage, it would not be appropriate to examine the matter and by efflux of time, the present writ petition has rendered infructuous and no relief of renewing/restoring of licence can be granted to him after 12 years of cancellation of licence, as someone else must be granted PDS dealership licence during that period. However, it is made clear that the petitioner shall be always eligible to apply again for the PDS dealership, if he so chooses. As such, with the above observations, the present writ petition is dismissed as having become infructuous by efflux of time with aforesaid liberty to the petitioner. (Sanjeev Prakash Sharma, J) Amrendra/- Item No. 7 U