Disposed

Raja Ram Bharti v. The State Of Bihar and Ors.

Patna HC1 May 2017CWJC/19860/2016

Case brief

AI extract

What is this about?

Petitioner challenged the refusal to renew his licence based on alleged illness. Since the plea was undisputed by the authority, the Court directed the petitioner to file an application with medical documents before the appellate authority for reconsideration, disposing of the writ petition in the interim.

What did the court decide?

Petitioner directed to approach Appellate Authority within three weeks with document of nature of ailment for reconsideration.

Raja Ram Bharti Vs The State Of Bihar and Ors. — Writ and Judicial Review | Patna HC (2017)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA

¶2

Civil Writ Jurisdiction Case No.19860 of 2016

¶3

===========================================================

¶4

Raja Ram Bharti, Son of Late Yogendra Bharti, Resident of Village- Panapur, P.S.- Rajopur, District- East Champaran.

¶5

.... .... Petitioner/s

¶6

Versus

¶7

The State of Bihar through the Principal Secretary, Department of Food and Civil Supply, Govt. of Bihar, Patna.

¶8

The Principal Secretary, Department of Food and Civil Supply, Govt. of Bihar, Secretariat, Patna.

¶9

The District Magistrate, East Champaran, Motihari.

¶10

The Sub Divisional Officer, Pakari Dayal, District- East Champaran.

¶11

The District Supply Officer, Motihari, East Champaran.

¶12

.... .... Respondent/s =========================================================== Appearance : For the Petitioner/s : Mr. Nagendra Rai For the State : Mr. Upendra Pratap Singh, AC to SC 4

¶13

=========================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL JUDGMENT Date: 01-05-2017

¶14

Heard learned counsel for the petitioner and learned counsel for the State.

¶15

In the present writ petition, petitioner is challenging the order dated 21.9.2016 passed by the Sub Division Officer, Pakridaya, East Champaran by which he has refused to renew the licence of the petitioner.

¶16

P.S.D. Licence of the petitioner has been cancelled on the ground that he has not renewed his licence since 2003 and for the

¶17

Patna High Court CWJC No.19860 of 2016 dt.01-05-2017

¶18

¶19

first time he has approached to the authority concerned in 2007. Ground has been taken that he was facing ailment and on that account he has not take appropriate steps for depositing the fee for renewal of the licence. Save and except the vague statement there is no material to show that petitioner was suffering from any ailment.

¶20

Learned counsel for the petitioner submits that as the plea of the petitioner of illness has not been disputed by the Licensing Authority so he has not produced any material before this Court for consideration of the same.

¶21

There is provision for appeal. In such view of the matter petitioner is directed to approach before the Appellate Authority annexing the document of nature of ailment. If the petitioner files an application within three weeks from today before the authority concerned, the authority concerned will consider his case and pass necessary orders in accordance with law within a period of four months from the date of filing of the application. While considering application the Appellate Authority will consider the pendency of the present writ petition.

¶22

With the aforesaid observation and direction this writ

¶23

Patna High Court CWJC No.19860 of 2016 dt.01-05-2017

¶24

¶25

petition is disposed of.

¶26

(Shivaji Pandey, J)

¶27

Vinay/-

¶28

AFR/NAFR NAFR CAV DATE NA Uploading Date2.5.2017 Transmission NA Date

Raja Ram Bharti v. The State Of Bihar and Ors.

Case brief

What is this about?

What did the court decide?

Raja Ram Bharti 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

Bablu Kumar Chaudhary Vs The Managing Direcrtor, Axis Bank Of India and Ors.

Vikash Kumar Vs The Union Of India and Ors.

Kamal Kishore Yadav Vs Central Bank Of India and Ors.

Praveen Kumar Chaudhary Vs The State Of Bihar and Ors.

Santosh Kumar Mandal Vs The State Of Bihar and Ors.

Gramin Vikas, Jan Kalyan Sanstha, Gangoi Vs The Union Of India and Ors.