Dismissed

Mushafir Yadav @ Moshafir Prasad Yadav v. The State Of Bihar and Ors.

Patna HC4 Mar 2014CWJC/14020/2013

Case brief

AI extract

What is this about?

This is an oral order dismissing a writ petition challenging the cancellation of the petitioner's license under the Public Distribution System (Control) Order, 2001. The court held the order was appealable and stayed writ jurisdiction.

What did the court decide?

The writ petition was dismissed without exercising writ jurisdiction as the matter was appealable before the appellate authority.

Mushafir Yadav @ Moshafir Prasad Yadav Vs The… — Public Procurement and Tenders | Patna HC (2014)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.14020 of 2013

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====================================================== Mushafir Yadav @ Moshafir Prasad Yadav son of shri Sanichar Prasad Yadav Resident of the village Akal Bigha, Panchayat Bahasha Pipara, Block Tankuppa, P.S. Fatehpur at District Gaya. .... .... Petitioner/s Versus 1 The State Of Bihar 2. The District Magistrate, Gaya at District Gaya. 3. The Sub Divisional Officer, Sadar Gaya at Dist. Gaya. 4 The District Supply Officer, Gaya at District Gaya. 5. The Circle Officer, Block + Anchal Tankuppa at District Gaya. .... .... Respondent/s ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER

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2 04-03-2014 Heard learned counsel for the petitioner and the State. Nobody has appeared on behalf of the respondents.

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The petitioner held a license issued to him under the Public Distribution System (Control) Order, 2001 ( for short ‘Control order’) vide License No. 02 of 2008. On account of certain allegations relating to conduct of the business a proceeding for cancellation of license was initiated in which the petitioner was issued a notice. The petitioner is said to have filed a reply thereto. The licensing authority i.e. the respondent no.3 vide an order contained in Annexure -5 cancelled the said license of the petitioner. Aggrieved thereby the present writ petition has been filed.

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Mr. Thakur, counsel for the petitioner, made diverse

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Patna High Court CWJC No.14020 of 2013 (2) dt.04-03-2014

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submissions to criticize the said order and stated that the order does not appear to have considered the explanation(s) submitted by the petitioner in pursuance of the notice issued by the licensing authority.

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Learned counsel for the State, on the other hand, submits that the said order is appealable before the appellate authority i.e. the respondent no.2 in terms of Clause 15 of the Control Order.

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On a consideration of the submissions made by the parties and also after perusal of the materials on record, it appears the petitioner is raising a grievance with respect to an order (Annexure-5) which is appealable. The appellate Court is final Court of fact. All issues raised herein can very well be raised before the appellate authority for consideration and disposal in accordance with law. The appellate authority is vested with wide jurisdiction inasmuch as in appropriate case the operation of the order appealed against can also be stayed if a case is made out therefor.

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Having regard to the above, this Court is not inclined to invoke its extraordinary and discretionary writ jurisdiction to quash the order (Annexure-5) as prayed by the petitioner.

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The petitioner, if so advised, may file appeal

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Patna High Court CWJC No.14020 of 2013 (2) dt.04-03-2014

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challenging the legality /sustainability of the said order (Annexure-5) before the appellate authority in accordance with law. Needless to observe that if any such appeal is preferred within four weeks from today the appellate authority shall condone the delay, if any, and thereafter proceed to dispose of the appeal on its own merit as quickly as possible preferably within three months from the date of filing/presentation.

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(Kishore Kumar Mandal, J)

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Shyam/-

Mushafir Yadav @ Moshafir Prasad Yadav v. The State Of Bihar and Ors.

Case brief

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Mushafir Yadav @ Moshafir Prasad Yadav v. The State Of Bihar and Ors.

Case brief

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