Partly allowed

Jagdish Rai v. The State Of Bihar and Ors.

Patna HC18 Jun 2013CWJC/6252/2013

Case brief

AI extract

What is this about?

The High Court permitted the petitioner to file an appeal before the Collector against the cancellation of his licence. It directed the Collector to decide the matter on merits within three months, considering the principles of natural justice.

What did the court decide?

Permitted to file an appeal before the Collector within four weeks to take a final decision on merits within three months without considering the question of limitation.

Jagdish Rai Vs The State Of Bihar and Ors. — Civil Procedure and Limitation | Patna HC (2013)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.6252 of 2013 ====================================================== Jagdish Rai, aged about 58 years, son of Late Sri Mahaveer Rai, resident of village Sondho, Post Office Garaul, Police Station Garaul, District Vaishali .... .... Petitioner Versus 1. The State of Bihar 2. The District Magistrate, Vaishali at Hazipur 3. The District Supply Officer, Vaishali at Hazipur 4. The Sub Divisional Officer-cum-Licensing Authority, Vaishali at Hazipur 5. The Block Supply Officer, Patepur, Vaishali at Hazipur .... .... Respondents ====================================================== Appearance : For the Petitioner : Mr. Anand Kumar Ojha, Advocate For the Respondents : Mr. Kumar Sachin, GP 24 ====================================================== CORAM: HONOURABLE MR. JUSTICE JAYANANDAN SINGH ORAL ORDER 4 10-09-2013 This matter has been listed under the heading “To be mentioned” at the instance of the learned counsel for the petitioner.

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Learned counsel for the petitioner submits that by order dated 18.06.2013, this writ application was dismissed. But his alternative prayer for grant of liberty to the petitioner to file appeal before the District Magistrate was not noticed by this Court in the order.

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In the circumstances, petitioner is permitted to file an appeal before the Collector, Vaishali at Hazipur in the matter against the order of the Licensing Authority cancelling his licence. If an appeal is filed by petitioner within four weeks from

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Patna High Court CWJC No.6252 of 2013 (4) dt.10-09-2013

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today, the Collector, Vaishali shall consider the same on its own merits and take a final decision in accordance with law, without going into the question of limitation, if any, after compliance with the Principles of Natural Justice, preferably within three months, without being prejudiced by the dismissal of the writ application of the petitioner.

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(Jayanandan Singh, J)

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B.T/-

Jagdish Rai v. The State Of Bihar and Ors.

Case brief

What is this about?

What did the court decide?

Jagdish Rai v. The State Of Bihar and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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