Ram Gulam Sah v. The State Of Bihar And ORS

Patna High Court CWJC No.15033 of 2013 (2) dt.10-09-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15033 of 2013 ======================================================

1. Ram Gulam Sah Son Of Late Thaga Sah Resident Of Bathwara, P.S. - Bela, Distt. - Sitamarhi .... .... Petitioner/s

Versus

1. The State Of Bihar Through The Collector, Sitamarhi

2. The Sub Divisional Officer, Sadar, Sitamarhi

3. The Block Development Officer, Sonbarsa , Sitamarhi .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Dhananjaya Nath Tiwari For the Respondent/s : Mr. Girija Shankar Pd ====================================================== CORAM: HONOURABLE MR. JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER 10-09-2015 The petitioner has moved this Court against the order dated 6.4.2013 passed by the S.D.O., Sadar, Sitamarhi whereby he has cancelled his PDS license bearing no.36 of 2008. The petitioner submits that a copy of the enquiry report has not been given to him and as such he could not file effective reply. I find that the gist of enquiry report was duly mentioned in the show cause notice. As per the enquiry report, till the date of inspection i.e. 22.2.2013, the food grains up to the month of October, 2012 was with the petitioner.

In my view, as the gist of the enquiry report was mentioned in the show cause, the petitioner should file an appeal against the order dated 6.4.2013 passed by the S.D.O., Sadar, Sitamarhi

Patna High Court CWJC No.15033 of 2013 (2) dt.10-09-2015 before the Appellate Authority. In case an appeal is filed, the delay in filing of the same may be condoned as the petitioner was pursuing his remedy before this Court. It is expected that the appeal would be disposed of expeditiously preferably within three months.

With the aforesaid observations and directions, this writ application stands disposed of.

(Samarendra Pratap Singh, J) KHAN/- U