The writ court held that since provisions suspending PDS licenses upon FIR lodging were deleted effective 23.6.2011 even the earlier 2007 order ceased to have force from that date. The writ was allowed and suspension deemed ended as of 23.6.2011.
The suspension of the petitioner's licence is deemed to have ended with effect from 23.6.2011.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.11665 of 2012
====================================================== Sri Chand Yadav, son of late Bhup Lal Yadav, resident of village-Gauspur, P.S. Salakhua, District- Saharsa. .... .... Petitioner/s Versus 1. The State Of Bihar 2. The Principal Secretary, Food and Civil Supply Department, Govt. of Bihar, Patna. 3. The Director (PDS), Food and Civil Supply Department, Govt. of Bihar, Patna. 4. The Divisional Commissioner, Saharsa 5. The District Magistrate, Saharsa. 6. The Sub-divisional Officer, Simari Bakhtiyarpur, Saharsa 7. The District Supply Officer, Saharsa 8. The Block Development Officer, Salakhua Block of Saharsa 9. The Block Supply Officer, Salakhua Block, Saharsa. .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Bajarangi Lal For the Respondent/s : Mr. Ram Das Singh S.C.12 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH KUMAR DATTA ORAL ORDER 2 13-09-2013 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner seeks quashing of the order dated 13.2.2012 passed by the District Magistrate, Saharsa in Supply Appeal Case No.44 of 2011-12, in which the petitioner had challenged the order dated 23.11.2007 passed by the Sub-divisional Officer, Simari Bakhtiarpur suspending his licence on the ground that an F.I.R. has been lodged against the petitioner and others under the direction of the District Magistrate, Saharsa and also for quashing the said order of the Sub-divisional Officer.
Patna High Court CWJC No.11665 of 2012 (2) dt.13-09-2013
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Learned counsel for the petitioner submits that the provision for suspension of licence on the ground that an F.I.R. has been lodged has itself been deleted by Notification No.5738 dated 23.6.2011 and as a matter of fact, there is at present no provision for suspending the licence of P.D.S. shop on any ground whatsoever. Thus, according to him, the order of suspension ought to be quashed at least with effect from 23.6.2011.
Learned counsel for the State, on the other hand, submits that the order of the Sub-divisional Officer was passed on 23.11.2007 when the provision for suspension of licence on the ground of lodging of F.I.R. was very much in existence and thus the said order cannot be said to be illegal.
On a consideration of the submissions of learned counsels for the parties, there cannot be any doubt that the order of the Subdivisional Officer passed on 23.11.2007 was within the jurisdiction irrespective of the merits of the order. In fact, there is no need to examine the merits of the order for the simple reason that with effect from 23.6.2011, the provision for suspension of licence has been taken away and on no ground the licence of P.D.S. shop can be suspended.
That being the position, it has to be held that the order dated 23.11.2007 of the Sub-divisional Officer, Simari Batkhtiyarpur
Patna High Court CWJC No.11665 of 2012 (2) dt.13-09-2013
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ceased to have any force after 23.6.2011 on the amendments made in the Bihar Fair Price Shop Order dated 20.2.2007. The dismissal of the appeal by the District Magistrate, Saharsa on 13.2.2012 on the ground of delay would also be of no effect as the suspension itself would cease to have any force from 23.6.2011 irrespective of the merits of the order passed by the Sub-divisional Officer, Simari Bakhtiarpur.
In the aforesaid circumstances, the writ application is allowed and it is directed that the suspension of licence of the petitoner would be deemed to have come to a end with effect from 23.6.2011. However, the respondents would have the liberty to proceed against the petitioner for cancellation of his licence, if so advised, in accordance with law.
V.P.Sinha/-
(Ramesh Kumar Datta, J)
2 issues framed by the court
Whether an order suspending the petitioner's P.D.S. licence remains valid after the legislative provision for such suspension was deleted.
Whether the Supreme Court Appeal Case is maintainable if the impugned order ceases to have force due to subsequent amendments.
1 provisions across 1 enactments
Sri Chand Yadav
The State Of Bihar
Ramesh Kumar Datta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
