Tilak Deo Rai v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.242 of 2014 ====================================================== Tilak Deo Rai S/O Late Faguni Rai R/o Vill.-Pareyan, P.S. Kurhani, District - Muzaffarpur .... .... Petitioner/s

Versus

1. The State of Bihar

2. The District Magistrate, Muzaffarpur

3. The Sub - Divisional Officer, (West) Muzaffarpur

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

For the Petitioner/s : Mr. Ram Shankar Das, Advocate For the Respondent/s : Mr. Mani Kant Mishra, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 10-03-2015 Mr. Rajiv Kumar Labh for the petitioner and Mr. Rajesh Kumar Sinha, Assisting Counsel to G.P. 25 for the State. The petitioner is a holder of license bearing no. 609 of 2003 for running a fair price shop under the Public Distribution System.

On grounds of certain charges, the license of the petitioner was cancelled by the licensing authority-cum-SubDivisional Officer, West Muzaffarpur vide order passed on 12.2.2009. The said order was questioned by the petitioner before this Court in CWJC No. 13142 of 2010 and which has been allowed by a Bench of this Court vide order passed on 8.2.2012 inter alia on grounds that the order of cancellation was passed

Patna High Court CWJC No.242 of 2014 (2) dt.10-03-2015 without affording opportunity of hearing to the petitioner. The Bench even while allowing the writ petition afforded opportunity to the licensing authority to proceed afresh in the matter. Mr. Labh, learned counsel for the petitioner has submitted that no further proceeding has thereafter been drawn by the authorities and it is in the light of the order passed by this Court in CWJC No. 13142 of 2010 that a representation was filed by the petitioner before the licensing authority-cum-Sub Divisional Officer, West Muzaffarpur on 13.2.2012 praying to restore the supply to his shop but which has remained pending and hence this writ petition.

Having regard to the submissions and taking note of the limited grievance raised in this application, the writ petition is disposed of with a direction to the licensing authority-cum-Sub Divisional Officer, West Muzaffarpur to consider the prayer of the petitioner as found in his representation dated 13.2.2012, a copy of which is present at Annexure-6 to the writ petition and dispose of the same expeditiously and preferably within three months from the date of receipt / production of a copy of this order. (Jyoti Saran, J) S.Sb/- U