Disposed

Shakil Ahmad v. the State of Bihar and Ors.

Patna HC5 Sept 2012CWJC/3870/2012

Case brief

AI extract

What is this about?

The Patna High Court disposed of a writ petition filed by a P.D.S. licensee whose license was cancelled due to an accusation in an ongoing vigilance case. The court directed the petitioner to file an appeal before the Collector and also directed the authorities to consider the appeal without undue delay.

What did the court decide?

Petitioner directed to file appeal before Collector within 30 days considering the judgment's date; appeal to be considered within 60 days condoning delay; writ petition disposed.

Shakil Ahmad Vs the State of Bihar and Ors. — Public Procurement and Tenders | Patna HC (2012)

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IN THE HIGH COURT OF JUDICATURE AT PATNA

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Civil Writ Jurisdiction Case No.3870 of 2012

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====================================================== Shakil Ahmad Son Of Late Azimuddin Resident Of Village-Kayamganj, P.S. Makhdumpur, District-Jehanabad .... .... Petitioner/s Versus 1. The State Of Bihar Through The Commissioner-Cum-Secretary, Department Of Road And Supply, Government Of Bihar, Patna 2. The Commissioner-Cum-Secretary, Department Of Food And Supply, Govt. Of Bihar, Patna 3. The Collector, Jehanabad 4. The Sub Divisional Officer, Jehanabad 5. The District Supply Officer, Jehanabad 6. The Block Supply Officer Makhdumpur, District-Jehanabad .... .... Respondent/s ====================================================== CORAM: HONOURABLE MR. JUSTICE V.N. SINHA ORAL ORDER 2 05-09-2012 Heard learned counsel for the petitioner and the State. 2. Petitioner is P.D.S. licensee, whose licence has been cancelled/suspended under Memo No.510 dated 16.07.2008 by the licensing authority i.e. Sub-divisional Officer, Jehanabad on the ground that he has been made accused in Vigilance P.S. Case No.39/2008 dated 3.7.2008 for the offence under Section 420 and other allied Sections of the Penal Code and Sections 7, 8, 13(2) of the Prevention of Corruption Act, 1988 along with other 53 fair price shop dealers named in the F.I.R. from serial nos.14 to 66. P.D.S. licence of other fair price dealers who were accused in Vigilance P.S. Case No.39/2008 dated 3.7.2008 was also cancelled/suspended by the licensing authority. Madhusudan Sharma, Rambadan Singh and Laxmi Narayan Paswan, fair price shop dealers who were made accused in the said vigilance case and whose

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Patna High Court CWJC No.3870 of 2012 (2) dt.05-09-2012 2/2

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licence was also cancelled/suspended by the licensing authority approached this Court and this Court under orders dated 11.10.2010, 20.9.2011 and 10.1.2012 passed in C.W.J.C. Nos.16648/2010, 14237/2010 and 19229/2010 quashed the order cancelling/suspending their licence. It is submitted that the case of the petitioner is also on the similar footing. Counsel for the State also accepts the aforesaid position.

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Let petitioner challenge Memo No.510 dated 16.7.2008, Annexure-1 before the Collector, Jehanabad in appeal on the ground that licence of other P.D.S. dealers who were made accused in Vigilance P.S. Case No.39/2008 dated 3.7.2008 has been restored under the directions of the Committe headed by the Collector, Jehanabad, as would appear from Annexure-3 as also rely on the other orders of the High Court dated 11.10.2010, 20.9.2011 and 10.1.2012 passed in C.W.J.C. Nos.16648/2010, 14237/2010 and 19229/2010. Petitioner should file appeal within 30 days from the date of receipt of a copy of this order and the appeal should be considered after condoning the delay as early as possibly, in any case within 60 days from the date of receipt of the memo of appeal annexing a copy of this order.

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The writ application is, accordingly, disposed of.

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(V.N. Sinha, J)

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Rajesh/-

Shakil Ahmad v. the State of Bihar and Ors.

Case brief

What is this about?

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Shakil Ahmad v. the State of Bihar and Ors.

Case brief

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