The Patna High Court, in a writ jurisdiction matter regarding the cancellation of a PDS licence, observed that the respondent Appellate Authority must dispose of the petitioner's appeal within six weeks.
Direction to Appellate Authority to dispose of Appeal No. 49 of 2013 within six weeks.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.4755 of 2014 ====================================================== Chandrawati Devi, wife of Sri Ganesh Choudhary, resident of Village Kaurudhauri, P.S.- Manjhi, District- 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, Sadar, Chapra, Saran. .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Shashi Bhushan Kumar For the Respondent/s : Mr. Gp-32 Harish Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 2 12-03-2014 Having heard Mr. Shashi Bhushan Kumar and learned G.P. 32 for the State, the application is being disposed of at this stage. Petitioner held a licence bearing licence No. 147 of 2007 to run fair price shop issued to her. On certain allegation relating to conduct of business, she was issued show cause notice (Annexure-1) to submit her explanation against the proposed action of cancellation of licence. The petitioner submitted her representation (Annexure-2). Having considered the materials appearing on record, the respondent Licensing Authority by an order dated 11.9.2013 (Annexure-3) cancelled the licence of the petitioner. It is stated that aggrieved by the said order, the petitioner, invoking clause 15 of the Public Distribution System
Patna High Court CWJC No.4755 of 2014 (2) dt.12-03-2014
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(Control) Order, 2001 (for short “ the Order”), filed appeal vide Appeal No. 49 of 2013. The said appeal was filed on 14.9.2013. Mr. Kumar, counsel for the petitioner, referring to the provisions of Clause 15 of the Order submits that any such appeal is required to be considered and disposed of within 90 days from its filing/presentation. The petitioner is without any job/business since 11.9.2013. In all fairness, the respondent Appellate Authority should have disposed of the appeal preferred by the petitioner on merit in accordance with law but the said respondent failed in doing so propelling the petitioner to approach this Court questioning the sustainability/legality of the original order passed by Licensing Authority. However, in course of submission, he submits that in the fitness of things, the application may be disposed of directing the Appellate Authority to dispose of the appeal so preferred by the petitioner within a time frame.
Learned counsel for the State, on the other hand, submits that any licensee aggrieved by the order of cancellation is required to file an appeal. If any such appeal has been filed by the petitioner which has remained undisposed of till today then this Court may issue direction for quick/early disposal of the appeal.
In view of the aforesaid, this Court is satisfied that the following order, in the facts of the case, will sub-serve the cause
Patna High Court CWJC No.4755 of 2014 (2) dt.12-03-2014
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of justice:
Let the Appellate Authority (Respondent No. 3) consider and dispose of the appeal filed by the petitioner vide Appeal No. 49 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. Needless to observe that petitioner shall cooperate in disposal of the matter in the light of the present order.
(Kishore Kumar Mandal, J)
Pankaj/-
1 issue framed by the court
Whether the Appellate Authority should be directed to dispose of the pending appeal regarding the cancellation of the petitioner's fair price shop licence within a specified time frame.
Chandrawati Devi
The State Of Bihar through the Principal Secretary, Food and Consumer Protection Department, Government of Bihar
The Divisional Commissioner, Saran
The Collector, Saran, Chapra
The Sub Divisional Officer, Sadar, Chapra, Saran
Kishore Kumar Mandal
As recorded by the court registry
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