High Court directed the Appellate Authority to dispose of a pending appeal No. 81 of 2011 regarding the cancellation of a PDS shop licence within six weeks, citing statutory provisions for timely adjudication.
Directed the Appellate Authority to dispose of Appeal No. 81 of 2011 within six weeks.
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.
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.3894 of 2014
====================================================== 1. Sumitra Prasad Saha W/O Shri Nandan Prasad Resident Of VillageDerani Bazar, Post- Kakarhat, Block- Dariapur, Police Station- Derani, District- Saran.
.... .... Petitioner/s Versus 1. The State Of Bihar Through Principal Secretary, Food And Consumer Protection Department,Govt. Of Bihar, Patna. 2. The Collector, Saran At Chapra 3. The Sub- Divisional Officer, Sonepur, Saran. 4. The Block Development Officer, Dariapur, Chapra. 5. The Block Supply Officer, Sonepur, Chapra. .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Jai Prabhat Kishore For the Respondent/s : Mr. Neelu Agrwal ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER
2 11-03-2014 Heard learned counsel for the petitioner and the State. The petitioner is a licensee of P.D.S. shop bearing licence no. 14/2007. The licence was issued to him under the provisions of the Public Distribution System (Control) Order, 2001 (for short “the Order”). An inspection was carried out in the business premises of the petitioner whereafter a show cause notice (Annexure-2) was issued seeking response of the petitioner against the proposed cancellation of licence. The petitioner is said to have filed reply thereto. On a consideration of the facts appearing from record, the Licensing Authority i.e. the respondent Sub-Divisional Officer, Sonepur, Saran by order dated 16.10.2011 (Annexure-5)
Patna High Court CWJC No.3894 of 2014 (2) dt.11-03-2014
2
cancelled the licence of the petitioner. Feeling aggrieved, the petitioner filed an appeal before the respondent Collector vide Appeal No. 81 of 2011. This is what the petitioner has stated in paragraph 10 of the writ application:
“10. That the petitioner being aggrieved has availed the statutory remedy provided under PDS (Control) Order 2001 by filing an appeal no. 81/2011 before the District Magistrate, Saran at Chapra within the time prescribed under the control order which is still pending before him for adjudication of the matter.”
Submissions on behalf of the petitioner is that
although the relevant clause of the Order commands the Appellate Authority to consider and dispose of the appeal within 90 days of its filing/presentation yet the respondents have not disposed of the appeal. The petitioner is left without any business in the meanwhile.
Learned counsel for the State, on the other hand, submits that if the appeal which has been filed by the petitioner has remained undisposed of then this Court may pass suitable direction for quick disposal of the said appeal in the light of provision(s) contained in Clause 15 of the Order.
Having heard the petitioner, the writ application is disposed of by the following order:
Let the Appellate Authority (respondent No. 2)
Patna High Court CWJC No.3894 of 2014 (2) dt.11-03-2014
3
dispose of the appeal filed by the petitioner being Appeal No. 81 of 2011, if not already disposed of, in accordance with law as quickly as possible preferably within six weeks from the date of receipt/production of a copy of this order.
(Kishore Kumar Mandal, J)
Pankaj/-
2 issues framed by the court
Whether the Court should issue directions for the quick disposal of a pending appeal against the cancellation of a PDS licence.
What time frame should be prescribed for the appellate authority to dispose of the appeal.
2 provisions across 2 enactments
Sumitra Prasad Saha
The State Of Bihar Through Principal Secretary, Food And Consumer Protection Department, Govt. Of Bihar, Patna
The Collector, Saran At Chapra
The Sub- Divisional Officer, Sonepur, Saran
The Block Development Officer, Dariapur, Chapra
The Block Supply Officer, Sonepur, Chapra
Kishore Kumar Mandal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
