Disposed

Nand Kishore Prasad v. The State of Bihar

Patna HC4 Nov 2022CWJC/4577/2022

Case brief

AI extract

What is this about?

This order directs the Licensing Authority to serve notice on the petitioner, whose food-grain supply license was suspended pending a criminal case, and to pass a reasoned final order within 180 days after receiving his reply.

What did the court decide?

Directing the Licensing Authority to serve notice on the petitioner and pass a final order within 180 days after receiving his reply.

Nand Kishore Prasad Vs The State of Bihar — Service and Employment | Patna HC (2022)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.4577 of 2022

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Nand Kishore Prasad Son of Saheb Singh, resident of Village Tinkoni, P.S. Chhauradano, Ancal Chhauradano, District - East Champaran, Motihari.

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... ... Petitioner/s

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Versus

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The State of Bihar through the Principle Secretary, Food and Consumer Protection Department, Government of Bihar, Patna.

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The District Magistrate, Motihari, East Champaran.

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The District Supply Officer Motihari, Motihari Sadar, East Champaran.

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The Sub-Divisional Officer (Supply), Raxaul, Motihari, East Champaran.

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The Block Supply Officer Chhauradano, Motihari, East Champaran.

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The Block Development Officer, Chhauradano, Motihari, East Champaran.

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... ... Respondent/s

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Appearance :

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For the Petitioner/s : Mr. Rajesh Kumar For the Respondent/s : Mr. Arvind Ujjwal ( Sc 4 )

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CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR and

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HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER

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(Per: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR)

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8 04-11-2022 Mr. Rajesh Kumar, the learned Advocate for the

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petitioner submits that supply of food-grains to him has been stopped without any reason. When he inquired about the matter, he learned that his license has been suspended

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on the ground of his having been made accused in a criminal case involving breach of E.C. Act.

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Patna High Court CWJC No.4577 of 2022(8) dt.04-11-2022 2/3

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The petitioner has not been served a notice uptil now for explaining his cause so that a final order could have been passed by the Licensing Authority regarding continuance of the license of the petitioner.

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The petitioner does not have any idea whether the beneficiaries attached to his shop have been tagged with other shop.

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Be that as it may, the proceeding against the petitioner ought to be concluded as expeditiously as possible in accordance with the mandate of the Bihar Targeted Public Distribution System (Control) Order, 2016. If the license of the petitioner was suspended for the reason of his becoming an accused in a criminal case, he was required to be noticed and on return of the reply, a final order was required to be passed and the entire exercise was to be concluded within a period of 180 days as far as possible.

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However, there does not appear to be any good reason for the proceedings remaining inchoate /incomplete.

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Patna High Court CWJC No.4577 of 2022(8) dt.04-11-2022 3/3

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Under the aforesaid circumstances, we direct the

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Licensing Authority to serve a notice upon the petitioner who has now been released on bail and after receiving his reply, pass a final order within a period of 180 days from the date of receipt / production of a copy of this order.

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The order so passed by the Authority shall

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contain reasons in support of the same.

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With the afore-noted direction, the petition

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stands disposed of.

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(Ashutosh Kumar, J)

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sunilkumar/-

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( Nawneet Kumar Pandey, J)

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Nand Kishore Prasad v. The State of Bihar

Case brief

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Nand Kishore Prasad v. The State of Bihar

Case brief

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