Dismissed

Praveen Kumar Chaudhary v. The State Of Bihar and Ors.

Patna HC1 May 2017CWJC/812/2017

Case brief

AI extract

What is this about?

The petitioner challenged the cancellation of their PDS dealer license. The petitioner sought permission to withdraw the application with a liberty to appeal. The writ application was dismissed as withdrawn, granting liberty to file an appeal before the appellate authority within four months.

What did the court decide?

Application dismissed as withdrawn; liberty to file an appeal before appellate authority within four months granted.

Praveen Kumar Chaudhary Vs The State Of Bihar and Ors. — Service and Employment | Patna HC (2017)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.812 of 2017

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Praveen Kumar Chaudhary Son of Late Ramchalitar Chaudhary Resident of Ward No. - 33 Nagar Nigam, P.O., P.S. and District - Begusarai.

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.... .... Petitioner/s

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Versus

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1. The State of Bihar through the Principal Secretary, Food and Consumer Protection Department, Old Secretariat, Patna.

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1. The District Magistrate, District - Begusarai. 3. The Sub-Divisional Officer, Begusarai, District - Begusarai.

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.... .... Respondent/s

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=========================================================== Appearance : For the Petitioner/s : Mr. Rajeev Kumar Labh, Adv. For the Respondent/s : Mr. S. Raza Ahmad, AAG-5 Mr. Vishwambhar Prasad, AC to AAG-5

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=========================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL JUDGMENT

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Date: 01-05-2017

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Heard learned counsel for the petitioner and counsel for

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the State.

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In this case the petitioner is challenging the order dated 14.10.2016, whereby and whereunder, the S.D.O., Begusarai has held that in view of Clause 2.8 ([k), the license of the petitioner bearing No. 01/2010 has automatically been cancelled.

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It appears that after the enforcement of Bihar Targeted P.D.S. (Control) Order, 2016, all the PDS Dealers of Begusarai district were directed to submit their old licence so that new license can be issued. In pursuance thereof, the petitioner, running the PDS shop, has also submitted. In course of enquiry, it has been found that he has deposited the license fee up to 31.12.2014, whereafter, he has

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Patna High Court CWJC No.812 of 2017 dt.01-05-2017

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not renewed the license and that can be done after deposit of Rs. 50/as a late fine and the maximum period was allowed by eight months.

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From the impugned order, it appears that the office order no. 311 dated 8.9.2016 and letter no. 317 dated 15.9.2016, the petitioner was given liberty to deposit the license fee and the application for renewal but, he has neither filed an application for renewal of the license nor deposited the late fee. The licensing authority has placed reliance on Clause 34(iv) of the Bihar Targeted PDS (Control) Order, 2016 as well as Clause 2.8 ¼[k½ of the 2001 Control Order including Memo No. 1800 dated 2.3.2015.

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Learned counsel for the petitioner submits that he has deposited the license fee within a period of six months, placed reliance on the order of this Court dated 30.3.2017 passed in C.W.J.C. No. 2695 of 2016 but, there the Court has not decided any issue rather has only observed for taking a decision in accordance with law.

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When this part of the order has been dictated, learned counsel for the petitioner seeks permission of this Court to withdraw this application with a liberty to file an appeal before the appellate authority.

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This writ application is dismissed as withdrawn with the aforementioned liberty to file an appeal and the appellate authority will be obliged to dispose of the same within a period of four months

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Patna High Court CWJC No.812 of 2017 dt.01-05-2017

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from the date of filing of the appeal.

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(Shivaji Pandey, J)

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Rishi/-

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AFR/NAFR	NAFR
CAVDATE	NA
UploadingDate	03.05.2017
Transmission Date	NA

Praveen Kumar Chaudhary v. The State Of Bihar and Ors.

Case brief

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Praveen Kumar Chaudhary v. The State Of Bihar and Ors.

Case brief

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