Rambali Bhagat v. The State Of Bihar And ORS

Patna High Court CWJC No.14487 of 2017 dt.20-02-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14487 of 2017 =========================================================== Rambali Bhagat, Son of Late Nirshu Bhagat, Resident of Village-Lachhua, P.O.- Mahuawa, P.S.-Bathnaha, District-Sitamarhi.

.... .... Petitioner

Versus

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

2. The Collector-Com-District Magistrate, Sitamarhi, District-Sitamarhi.

3. The Sub-Divisional Officer, Sitamarhi, Sadar, District-Sitamarhi. .... .... Respondents =========================================================== Appearance :

For the Petitioner : Mr. Rajeev Kumar Labh, Advocate. For the Respondents : Mr. S. Raza Ahmad, AAG-5 =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 20-02-2018 The present writ petition has been filed for issuance of an appropriate writ, order or direction to the Licensing Authority-cumSub-Divisional Officer, Sitamarhi, Sadar for restore the petitioner's P.D.S. licence bearing No. 12/90 which has early been orally cancelled only on a sole ground that a F.I.R. u/s 7 of the E.C. Act has been lodged against the petitioner but now the petitioner has been acquitted by the competent authority of law after facing full fledge trial and further to direct the respondent to make the allotment for the petitioner's P.D.S. shop immediately.

2. At the very outset, learned counsel for the petitioner submits that it will suffice if the petitioner's representation dated 16.06.2008 (Annexure-6) filed before the Sub-Divisional Officer,

Patna High Court CWJC No.14487 of 2017 dt.20-02-2018 Sitamarhi, Sadar, District- Sitamarhi (Respondent 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, Sitamarhi, Sadar, DistrictSitamarhi (Respondent No. 3) to consider and dispose of the petitioner's representation dated 16.06.2008 (Annexure-6), 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/- AFR/NAFR NAFR CAV DATE N.A.

Uploading Date 22.02.2018 Transmission Date N.A.