This court dismissed a writ petition challenging the cancellation of a Petitioner's PDS shop licence and the confirmation of that order in appeal, finding no grounds to interfere with the quasi-judicial orders absent procedural violation.
Writ petition dismissed with no order as to costs.
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.16945 of 2010
====================================================== Bindeshwar Yadav, S/O Shri Mani Yadav, R/O Vill Konand, P.S.Asthawan, Distt-Nalanda
.... .... Petitioner/s Versus 1. The State of Bihar 2. The Secretary, Food and Civil Supply Department, Govt. of Bihar, Old Secretariat, Patna 3. The District Magistrate Nalanda 4. The Sub Divisional Officer, Bihar Sharif at Nalanda .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Anisur Rahman For the Respondent/s : Mr. Pandey Sanjay Sahay, SC-31 Mr.Rajesh Ranjan, AC to SC-31 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 4 13-04-2015 Heard the parties. The petitioner is aggrieved by the order dated 16.06.1999 (Annexure-3) passed by the respondent Sub-Divisional Officer, Biharsharif, Nalanda, whereby the licence of the petitioner issued for running Public Distribution System Shop has been cancelled. The petitioner is also aggrieved by the appellate order dated 22.06.2010 (Annexure-5) passed by the District Magistrate, Nalanda, whereby the appeal preferred by the petitioner has been dismissed and the order passed by the licensing authority has been affirmed.
Indisputably, the petitioner’s licence for the Public Distribution System Shop was cancelled way back on 16.06.1999. As per the findings of the learned S.D.O., the petitioner was engaged in black-marketing of wheat and rice which was supplied for red card holders. The order passed by the licensing authority has been affirmed by the appellate authority by a reasoned and
Patna High Court CWJC No.16945 of 2010 (4) dt.13-04-2015
2
speaking order.
Learned counsel appearing on behalf of the petitioner has not been able to point out violation of any rules or provision of law. Only by raising issues of facts, he has tried to assail the impugned orders.
In the aforesaid background, this Court does not find any good ground to interfere with the impugned orders as contained in Annexure-3 and 5 passed by the original authority as also the appellate authority.
Consequently, the present writ petition has to fail and is, accordingly, dismissed, but there shall be no order as to costs.
(Birendra Prasad Verma, J)
Arvind/-
U
1 issue framed by the court
Whether the cancellation of PDS shop licence and its confirmation in appeal warranted High Court interference under writ jurisdiction?
Bindeshwar Yadav
The State of Bihar
The Secretary, Food and Civil Supply Department, Govt. of Bihar
The District Magistrate Nalanda
The Sub Divisional Officer, Bihar Sharif
Birendra Prasad Verma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
