Allowed

Rajbanshi Gupta v. The State Of Bihar and Ors.

Patna HC4 Mar 2013CWJC/3296/2013

Case brief

AI extract

What is this about?

The High Court held that the petitioner's delay in filing an appeal against the cancellation of his trade licence was explained because he was pursuing agricultural land dispute proceedings. The court set aside the order rejecting the appeal on delay grounds and remitted the matter to the Collector for decision on merits.

What did the court decide?

The appeal was set aside and remitted to the Collector of Gopalganj to decide on merits after condoning the delay.

Rajbanshi Gupta Vs The State Of Bihar and Ors. — Service and Employment | Patna HC (2013)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.3296 of 2013

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====================================================== Rajbanshi Gupta Son of Late Khenar Sah Resident of Village Purkhas, P.S. Gopalpur, District Gopalganj .... .... Petitioner Versus 1. The State of Bihar through the Secretary, Food and Supply Department, Government of Bihar, Patna 2. The Collector-Cum-District Magistrate, Gopalganj 3. The Sub-Divisional Officer, Gopalganj 4. The Block Supply Officer, Kuchaikot, District Gopalganj 5. The Supply Inspector, Kuchaikot, District Gopalganj .... .... Respondents ====================================================== Appearance : For the Petitioner : Mr. Naresh Prasad, Advocate For the Respondents : Mr. Shyam Kishor Sharma GA3 Mr. Mayank Rukhaiyar, AC to GA 3 ====================================================== CORAM: HONOURABLE MR. JUSTICE JAYANANDAN SINGH ORAL ORDER

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2 04-03-2013 Appeal of the petitioner has been dismissed on the ground of delay by the Collector, vide his order dated 27.08.2012 as contained in Annexure-9. The licence of the petitioner was cancelled by the Licensing Authority by order dated 08.08.2011 and was communicated to the petitioner by Block Supply Officer through his Memo No218 dated 23.08.2011, vide Annexure-7.

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From Annexure-8 it appears that the petitioner had filed a writ application bearing CWJC No.15502 of 2011 against the said communication dated 23.08.2011 which remained pending in this Court for some time. Finally, the same was disposed of vide order dated 24.07.2012 in the light of the fact that petitioner has not exhausted statutory remedy of appeal. Thereafter petitioner filed

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Patna High Court CWJC No.3296 of 2013 (2) dt.04-03-2013

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2/2

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his appeal.

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In the circumstances, the delay in filing the appeal apparently stands explained. Hence the Collector, Gopalganj should have entertained the appeal of petitioner on merits after condoning the delay as the petitioner had approached this Court and was awaiting the orders of this Court in the said writ application during this period. The impugned order of the Collector dated 27.08.2012 is, therefore, set aside. The matter is remitted back to him to take it up and decide the same in accordance with law on merits after hearing the parties. Petitioner shall produce a copy of this order of Court along with a formal application for condonation of delay along with the order of the original licencing authority. The appeal shall be considered and decided as expeditiously as possible.

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This application is disposed with the aforesaid observations and directions.

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(Jayanandan Singh, J)

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B.T/-

Rajbanshi Gupta v. The State Of Bihar and Ors.

Case brief

What is this about?

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Rajbanshi Gupta v. The State Of Bihar and Ors.

Case brief

What is this about?

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What the court decided

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