Disposed

Rajeshwar Pandey v. The State Of Bihar and Ors.

Patna HC4 Dec 2014CWJC/11577/2014

Case brief

AI extract

What is this about?

Petitioner challenged cancellation of PDS shop license via writ petition after statutory appeal remained pending with Collector for over a year. Court disposed writ with directive to Collector to decide appeal within three months with hearing.

What did the court decide?

Direction to Collector, Saran to dispose Appeal No.21 of 2013 within three months after giving due hearing.

Rajeshwar Pandey Vs The State Of Bihar and Ors. — Public Procurement and Tenders | Patna HC (2014)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.11577 of 2014

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Rajeshwar Pandey, S/O Raghuwar Pandey, resident of Village & P.O. - Narharpur, P.S. - Marhaura, District - Saran, Chapra.

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.... .... Petitioner/s

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Versus

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1. The State of Bihar through the Principal Secretary, Food and Consumer Protection Department, Government of Bihar, Patna.

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The Divisional Commissioner, Saran.

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The Collector, Saran, Chapra.

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The Sub-Divisional Officer, Marhoura, District - Saran, Chapra.

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The Block Supply Officer, Marhoura, Saran.

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.... .... Respondent/s

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====================================================== Appearance :

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For the Petitioner/s : Mr. Shashi Bhushan Kumar For the Respondent/s : Mr. Partha Sarthi, GA-11.

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====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER

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2 04-12-2014 Heard Mr. Shashi Bhushan Kumar, learned counsel

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appearing on behalf of the petitioner and Mr. Partha Sarthi, learned Government Advocate No.11for the State.

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The petitioner is aggrieved by the order dated 11.3.2013 passed by the Licensing Authority –cum- the SubDivisional Officer, Marhoura, district- Saran at Chapra in Case No.148 of 2012, whereby the licence of the petitioner bearing No177 of 2007 granted for running a shop under the public distribution system has been cancelled.

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The petitioner being aggrieved by the order of cancellation has preferred a statutory appeal under Clause 15 of the Bihar Fair Price Shops Order, 2007 read with the Public

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Patna High Court CWJC No.11577 of 2014 (2) dt.04-12-2014

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Distribution System (Control) Order, 2001 giving rise to Appeal No.21 of 2013 before the Collector, Saran at Chapra and which remains pending before him.

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Learned counsel for the petitioner submits that since the appeal has not been disposed of despite lapse of more than one and half years that the petitioner has moved this Court.

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Having heard learned counsel for the parties and taking into consideration that the statutory appeal on the issue of cancellation of licence remains pending before the Collector, Saran at Chapra, the writ petition is disposed of with a direction to the Collector, Saran at Chapra to consider and dispose of the Appeal No.21 of 2013 in accordance with law and after giving due opportunity of hearing to the petitioner preferably within a period of three months from the date of receipt/production of a copy of this order.

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The writ petition is disposed of.

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(Jyoti Saran, J)

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SKPathak/-

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Rajeshwar Pandey v. The State Of Bihar and Ors.

Case brief

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Rajeshwar Pandey v. The State Of Bihar and Ors.

Case brief

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