Patna High CourtCWJC/21460/2019dismissed

Amar Prasad @ Amar Paswan v. The State Of Bihar

2023-03-20Mr. Justice Sanjeev Prakash Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.21460 of 2019 ====================================================== Amar Prasad @ Amar Paswan S/o Baldeo Paswan Resident of VillageDumri, P.s.- Cherki, Distt.- Gaya ... ... Petitioner/s

Versus

The State of Bihar through the Principal Secretary, Department of Food and Consumer Protection, Bihar, Patna 2.

The Divisional Commissioner Magadh Division, Gaya 3.

The District Magistrate Gaya 4.

The Sub Divisional Officer Sadar Gaya 5.

The Assistant District Supply Officer Gaya 6.

The Block Supply Officer-cum-Marketing Officer Chandauti, Distt.- Gaya ... ... Respondent/s ====================================================== Appearance :

For the Petitioner :

Mr. Dhirendra Singh, Adv.

Mr. Sudhir Kr. Sinha, Adv.

For the Respondent :

Mr. Anisul Haque, AC to AAG-5 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJEEV PRAKASH SHARMA ORAL ORDER 20-03-2023 The petitioner challenged the order dated 31.12.2001, passed by respondent no. 4, namely the SubDivisional Officer, Sadar, Gaya vide memo no. 1771, whereby his licence for PDS dealership was cancelled. The petitioner also challenged the order dated 19.03.2015, passed by the District Magistrate, Gaya, whereby the 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 four

Patna High Court CWJC No.21460 of 2019(2) dt.20-03-2023 2/2 years.

This Court finds that the P.D.S. dealership license of the petitioner was cancelled in the year 2001 and now more than 22 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. Hence, no relief for renewing/restoring of license can be granted to him after 22 years of cancellation of license. However, it is made clear that the petitioner shall be always eligible to apply again for the PDS dealership, if he so chooses.

In view thereof, no interference is warranted. The writ petition is dismissed as having become infructuous with the aforesaid liberty to the petitioner.

(Sanjeev Prakash Sharma, J) Gauravkr/- Item No. 36 U