Disposed

Mangal Ram v. The State Of Bihar and Ors.

Patna HC6 Mar 2014CWJC/25422/2013

Case brief

AI extract

What is this about?

The High Court directed the appellate authority to dispose of a pending supply appeal regarding the cancellation of a fair price shop license under the Public Distribution System (Control) Order 2001 within six weeks to ensure the petitioner's livelihood.

What did the court decide?

Direction to the appellate authority (respondent no.3) to dispose of Supply Appeal No. 39 of 2013 within six weeks.

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

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA

¶2

Civil Writ Jurisdiction Case No.25422 of 2013

¶3

====================================================== Mangal Ram Son Of Sri Ramayan Ram resident of village- Rasouli, P.O.Rasouli, P.S.- Panapur, District- Saran (Chapra) .... .... Petitioner/s Versus 1. The State Of Bihar, through the Principal Secretary, Food and Consumer Protection Department, Government of Bihar, Patna 2. The Divisional Commissioner, Saran 3. The Collector, Saran, Chapra 4. The Sub-Divisional Officer, Marhoura, District- Saran, Chapra 5. The Block Supply Officer, Taraiya, District- Saran, Chapra .... .... Respondent/s ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER

¶4

2 06-03-2014 Heard Mr. Shashi Bhushan Kumar for the petitioner and AC to GP-20 for the State. Considering the stand taken by the petitioner, the application is being disposed of at this stage. In fact, both the parties have agreed for disposal of the matter at this stage. The petitioner held a license to run a fair price shop issued to him under the Public Distribution System (Control) Order 2001 ( for short ‘Control Order’) vide license no.43 of 2007. On certain allegations relating to the conduct of the business which include the breach of the condition of the license, the licensing authority vide an order passed in Case No. 62 of 2013 (Annexure-3) cancelled the license of the petitioner. The said

¶5

Patna High Court CWJC No.25422 of 2013 (2) dt.06-03-2014

¶6

2/3

¶7

order was preceded by a notice (Annexure-1) served on the petitioner to submit his explanation against the proposed action. Aggrieved by the aforesaid order, the petitioner has filed appeal invoking Clause 15 of the Control Order vide Supply Appeal No. 39 of 2013. Relevant statements in this regard have been made in para 9 of the writ petition.

¶8

Mr. Kumar, learned counsel for the petitioner, states that the appeal so filed by the petitioner has not till date been considered and disposed of by the appellate authority ( respondent no.3) in accordance with law. The result is that the petitioner is without any business since the date of cancellation of license i.e. 29.6.13. It has been, thus, submitted that the present application be disposed of directing the appellate authority ( respondent no.3) to dispose of the appeal preferred by the petitioner expeditiously .

¶9

Learned counsel for the State, on the other hand, submits that if the petitioner has filed appeal before the appellate authority which has not till date been considered and disposed of this Court may pass suitable direction for early/quick disposal thereof.

¶10

Any licensee aggrieved by the order passed by the licensing authority is required to file an appeal assailing the said

¶11

Patna High Court CWJC No.25422 of 2013 (2) dt.06-03-2014

¶12

3/3

¶13

order. The appellate authority under Clause 15 of the Control Order is vested with wide jurisdiction. He is obliged to dispose of the appeal within a prescribed period of time. In the case at hand, the licensing authority passed the order cancelling the license of the petitioner on 29.6.2013. The appeal was filed thereafter. The same has not till date been considered and disposed of.

¶14

Regard being had to the above, this Court is satisfied that the following order shall sub serve the ends of justice:-

¶15

Let the appellate authority (respondent no.3) dispose of the Supply Appeal No. 39 of 2013, if not already disposed of, as quickly as possible preferably within six weeks from the date of receipt/production of a copy of this order.

¶16

(Kishore Kumar Mandal, J)

¶17

Shyam/-

Mangal Ram v. The State Of Bihar and Ors.

Case brief

What is this about?

What did the court decide?

Mangal Ram v. The State Of Bihar and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Bisheshwar Prasad Vs The Bihar State Electricity Board, Patna and Ors.

M/s Kamla Construction, Begusari Vs The Indian Oil Corporation Limited, Begusari and Anr.

Kamaldeo Singh Vs The Estate Of Jamuna Singh, Saran and Ors.

Shashank Shekhar Prasad Vs Patna Municipal Corporation, Maurya Lok Complex, Patna and Ors.

Sanjay Kumar Sinha Vs The Patna Municipal Corporatio and Ors.

Ajit Kumar Singh Vs The State Of Bihar and Ors.