Dismissed

Awadhesh Kumar Chaudhary v. the State of Bihar and Ors.

Patna HC17 Mar 2011CWJC/8460/2010

Case brief

AI extract

What is this about?

This order dismisses an application by a shop operator who was not the licensee. The single judge held that only the licensee has a legal right to claim violation of natural justice. The application was deemed misconceived.

What did the court decide?

Application dismissed on the ground that the petitioner, not being the licensee, had no legal standing to claim violation of Natural Justice.

Awadhesh Kumar Chaudhary Vs the State of Bihar and Ors. — Patna HC (2011) — LawSathi Research

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 IN THE HIGH COURT OF JUDICATURE AT PATNA

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 CWJC No.8460 of 2010

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1. AWADHESH KUMAR CHAUDHARY S/O LATE MISHRI LAL CHAUDHARY R/O VILL.- MAIDAPUR,
P.O.- SURFUDDINPUR, P.S.- BOCHAHA, DISTT.- MUZAFFARPUR

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 Versus

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1. THE STATE OF BIHAR

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2. THE REGISTRAR, CO-OPERATIVE SOCIETIES BIHAR, PATNA

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3. THE COLLECTOR, MUZAFFARPUR

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4. THE SUB-DIVISIONAL OFFICER, EAST MUZAFFARPUR

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5. THE ASSISTANT REGISTRAR, CO-OPERATIVE SOCIETIES EASTERN DIVISION, MUZAFFARPUR

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6. SRI LUXAMI RAI THE CHAIRMAN PRIMARY AGRICULTURAL CREDIT CO-OPERATIVE SOCIETY
LIMITED BEARING REGISTRATION NO. 123/2008 - VILLAGE - MAIDAPUR, P.O.-
SURFUDDINPUR, BLOCK & P.S.- BOCHAHA, DISTT.- MUZAFFARPUR

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For the Petitioner: Mr. Manoj Kumar Manoj, Adv.
For respondent No.6:Mr. Rakesh Kumar Jha, Adv.

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 -----------

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4/ 17/03/2011

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Heard learned counsel for the petitioner

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and the respondents.

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On the own showing of the petitioner, the licence for the P.D.S. shop was in the name of Primary Agricultural Credit Co-operative Societies (hereinafter referred to as PACCS). The petitioner

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was only appointed as a person to operate and run the shop. Not being the licensee, no legal right accrues to him to claim violation of any Principles of

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Natural Justice etc. The licence holder, i.e. the PACCS has the absolute discretion to decide to whom it shall award the duty for running the shop on its behalf.

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The application is misconceived. It is

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accordingly dismissed.

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( Navin Sinha, J.)

Awadhesh Kumar Chaudhary v. the State of Bihar and Ors.

Case brief

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Awadhesh Kumar Chaudhary v. the State of Bihar and Ors.

Case brief

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