This court disposed of a writ petition concerning the prolonged pendency of a licensing appeal before the Collector, Gaya. The court directed the Collector to decide the pending matter within one month to ensure compliance with statutory timelines.
Direction to the Collector, Gaya to dispose of the pending appeal within one month of receipt.
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.4034 of 2010
====================================================== Gopal Sao S/O Late Karu Sao R/O Vill.- Chandauti Narayan Garh, P.S.Rampur, Distt.- Gaya .... .... Petitioner Versus 1. The State Of Bihar 2. The Collector Gaya 3. The Sub Divisional Officer Sadar, Gaya 4. The Additional District Supply Officer Gaya 5. The Block Supply Officer Sadar Gaya .... .... Respondents ====================================================== Appearance : For the Petitioner : Mr. Binay Kumar, Advocate For the State : Mr. S.Raza Ahmad, A.A.G. 9, Md. Anisul Haque, A.C. to A.A.G. 9 ====================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN
ORAL ORDER
Patna High Court CWJC No.4034 of 2010 (2) dt.09-01-2013
2 / 2
time of hearing of this case that he has preferred appeal no.12/2008 against the order passed by the licensing authority as contained in Annexure-3 before the Collector, Gaya which is pending since 2008.
This is very unfortunate that the appeal could not be disposed of even after lapse of four years whereas Clause 15 of the Public Distribution System (Control) Order, 2001 clearly indicates that the appeal should preferably be disposed of within 60 days which has been amended by the Public Distribution System (Control) Amendment Order, 2011 enhancing the period by making it three months.
In above view of the matter, this writ application stands disposed of with a direction to the respondent no.2, the Collector, Gaya to dispose of the appeal in accordance with law within one month from the date of receipt/production of a certified copy of this order by the petitioner in case the same is still pending. It is made clear that if the petitioner does not co-operate and does not appear on the dates fixed, in that case the authority concerned would be at liberty to proceed ex parte .
(Dr. Ravi Ranjan, J)
Sanjay-II/-
1 issue framed by the court
Whether to entertain the writ petition regarding the delayed disposal of the pending appeal No.12/2008 before the Collector, Gaya.
2 provisions across 2 enactments
Gopal Sao
The State Of Bihar
The Collector Gaya
The Sub Divisional Officer Sadar, Gaya
The Additional District Supply Officer Gaya
The Block Supply Officer Sadar Gaya
Ravi Ranjan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
