Single bench oral order where four Writ Petitions by PDS licensees challenging license cancellations were left undisposed of. Directions were issued to the appellate authority to hear and dispose of pending appeals within one month.
The writ petitions were disposed of with a direction issuing to the Collector to hear the appeals within one month.
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.15631 of 2013
====================================================== Sudarshan Rai, Son of Late Ramdeo Rai, resident of Village-Darihara Bhual, P.O. - Darihara, P.S. - Dariyapur, District – Saran. .... .... Petitioner. Versus 1. The State of Bihar. 2. The District Magistrate, Saran. 3. Sub-Divisional Officer, Sonepur, Saran. 4. The Block Supply Officer, Dariyapur, Saran. .... .... Respondents. WITH Civil Writ Jurisdiction Case No.18391 of 2013 ====================================================== Jay Nandan Rai, son of Kamta Prasad Rai, resident of village-Akilpur, P.O.Bajahiyan, P.S.-Dariyapur, District-Saran. .... .... Petitioner. Versus 1. The State of Bihar. 2. The Divisional Commissioner, Saran Division, Chapra. 3. The District Magistrate, Saran. 4. The Sub-Divisional Officer, Sonepur, District-Saran. 5. The Block Supply Officer, Sonepur, District-Sonepur. .... .... Respondents. .WITH Civil Writ Jurisdiction Case No.15733 of 2013 ====================================================== Munna Devi, Wife of Sheo Nath Prasad, Resident of Village - Darihara Bhual, P.O. Darihara, P.S. Dariyapur, District – Saran. .... .... Petitioner. Versus 1. The State of Bihar 2. The District Magistrate, Saran. 3. Sub - Divisional Officer, Sonepur, Saran. 4. The Block Supply Officer, Dariyapur, Saran. .... .... Respondents.
WITH
Patna High Court CWJC No.15631 of 2013 (02) dt.18-11-2013
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====================================================== CORAM: HONOURABLE MR. JUSTICE NAVANITI PRASAD SINGH ORAL ORDER
On special mentioning these four writ petitions have been taken up as they involve a singular question. The petitioners are licensees under the Public Distribution System at Sonepur in the district of Saran. Their licenses for various derelictions were cancelled. They challenged the same in appeal but as the appeal is not taken up they filed these writ petitions.
02 18-11-2013
In my view, it would be appropriate to direct the appellate authority, i.e., the Collector, Saran to take up the respective appeals and disposed of it within one month from the date of production of a copy of this order before him.
With this observation, these four writ petitions are disposed of.
(Navaniti Prasad Singh, J.)
Trivedi/-
2 issues framed by the court
Whether the impugned cancellation orders against PDS licensees should be allowed or remanded for hearing.
Whether the matter is better disposed of by leaving the appeals pending before the appellate authority.
Sudarshan Rai
Jay Nandan Rai
Munna Devi
Awadhesh Pandey
The State of Bihar
The District Magistrate, Saran
Navaniti Prasad Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
