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Mamta Kumari Vs The State Of Bihar and Ors. — Service and Employment | Patna HC (2014)

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Patna HC
2014
Mamta Kumari Vs The State Of Bihar and Ors.Mamta Kumari v. The State Of Bihar and Ors.

Dismissed

Mamta Kumari v. The State Of Bihar and Ors.

Patna HC10 Mar 2014CWJC/10150/2013

Case brief

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What is this about?

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What did the court decide?

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What the court decided

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A

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.10150 of 2013

======================================================

Mamta Kumari W/O Lakhindra Kumar Yadav Resident Of Village - Mohammadpur Khaje, P.S. Karza, District - Muzaffarpur

.... .... Petitioner/s Versus 1. The State Of Bihar through the Collector, Muzaffarpur

The Sub - Divisional Officer, West, Muzaffarpur

The Block Supply Officer, Marwan, Muzaffarpur

.... .... Respondent/s

====================================================== Appearance : For the Petitioner/s : Mr. Dhananjay Nath Tiwari, Advocate. For the Respondent/s : Ms. Divya Verma AC to AAG-3

====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER

2 10-03-2014 Heard both sides.

The petitioner held a license to run a fair price shop issued under the Public Distribution System (Control) Order, 2001 ( for short ‘Control Order’) vide license No. 23050072 of 2010. The proceeding for cancellation was initiated on amongst the ground(s) that the licensee was engaged in realizing higher price for the grains/articles to be supplied through the Public Distribution shop inasmuch as relevant documents/registers were not produced when called upon. The licensee had, therefore, violated the terms of the license and directions/guidelines issued in this regard by the State Government. After issuing a show cause notice (Annexure-2) the order dated 09.04.2013 (Annexure-1) was passed. Aggrieved by the said order the present writ petition has been filed.

Issues for consideration

2 issues framed by the court

AI extract

1.
Whether the impugned order cancelling the petitioner's fair price shop license is maintainable in a writ petition or is appealable under the Control Order?
2.
Whether the appellate authority can be expected to remain influenced by the lower authority's earlier direction for cancellation?.

Parties & counsel

AI extract

petitioner
Mamta Kumari
respondent
The State Of Bihar

Coram

AI extract

Kishore Kumar Mandal

Case details

As recorded by the court registry

Court: Patna HC
Decided on: 10 Mar 2014 · March
Registered: 10 May 2013
Case no.: CWJC/10150/2013

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Cite this judgement

Mamta Kumari v. The State Of Bihar and Ors., CWJC/10150/2013 (PAT), decided on 10 March 2014.

The Patna High Court publishes no neutral citation for this judgement — cite it by case number and date of decision.

Bench / Coram

Kishore Kumar Mandal

Parties & counsel

Outcome

none

Issue for consideration

Whether the impugned order cancelling the petitioner's fair price shop license is maintainable in a writ petition or is appealable under the Control Order? +1 more

Detailed headnote1 paragraphs

The writ petition challenging the cancellation of a fair price shop license was dismissed because the impugned order is appealable under Clause 15 of the Public Distribution System (Control) Order, 2001. The Court disposed of the application directing the petitioner to file an appeal within four weeks.

A compact analysis

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.

Learned counsel for the petitioner submits that the

Patna High Court CWJC No.10150 of 2013 (2) dt.10-03-2014

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order appears to have been passed in the light of the direction issued by the District Magistrate on certain allegation petition filed before him. It is next contended that an enquiry was also made in this regard as reflected from the impugned order but copy thereof was not furnished to the petitioner enabling her to file an effective reply. The order, therefore, is bad in law.

Per contra, counsel for the State, has opposed the writ application. It has been submitted that the allegation for which notice (Annexure-2) was issued was subsequently verified/enquired into by the authority of the Government in which those allegations were also found substantiated. It is, therefore, submitted that no new facts have come for which the petitioner can be given a fresh notice enclosing the enquiry report. The order which has been passed by the licensing authority is appealable under Clause 15 of the Control Order where the petitioner can raise all issues of fact and law for consideration and disposal. Referring to the provisions of Clause 15 of the Control Order, it has been submitted that the appellate authority has been conferred with wide jurisdiction inasmuch as in appropriate case stay of the order appealed against can also be passed if a case is made therefor.

Having considered the submissions of the parties, this Court finds that the order which is being complained of in the writ petition is appealable before the appellate authority under

Patna High Court CWJC No.10150 of 2013 (2) dt.10-03-2014

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Clause 15 of the Control Order. All issues/questions raised herein can be raised before the appellate authority for consideration in accordance with law.

Regard being had to the above, this Court disposes of the application by the following order:-

Let the petitioner file appeal against the impugned order within four weeks. If any such appeal is filed within the aforesaid time, the appellate authority shall consider and dispose of the same in accordance with law as quickly as possible preferably within three months from the date of filing/presentation. While considering the appeal of the petitioner the appellate authority shall not in any manner influenced by his earlier direction for taking steps against the petitioner for cancellation of the license. Needless to observe that it will be open to the petitioner to seek any appropriate interim relief for consideration after making a case therefor.

The writ application stands disposed of.

(Kishore Kumar Mandal, J)

Shyam/-

CNR

BRHC010382412013

Topic

Service and Employment

Bench

Kishore K. Mandal

Disposal

DISPOSED

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