Patna High Court dismissed a writ petition challenging the restoration of a PDS licensee's license. The court held the petitioner had no vested interest as an interloper and she misused the legal forum.
The writ petition is 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.8483 of 2022
======================================================
Sarita Devi Wife of Shiv Shanakr Kumar Resident of Neema, P.O.-Jamuk, Polcie Station-Kalpa (O.P.), District-Jehanabad.
... ... Petitioner/s
Versus
... ... Respondent/s
====================================================== Appearance :
For the Petitioner/s : Mr. Birendra Kumar, Advocate For the Respondent/s : Mr. Upendra Pratap Singh, AC to SC4 For the Respondent No. 6 : Mr. N. K. Agarwal, Sr. Advocate
====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR and HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR)
Date : 11-11-2022
Heard Mr. Birendra Kumar, the learned counsel
for the petitioner and Mr. N. K. Agarwal, the learned senior Advocate for the private respondent No. 6, who is a licensee under the PDS scheme. The State is assisted by
Mr. Upendra Pratap Singh.
The license of the respondent No. 6 was initially cancelled by the Licensing Authority, which order has been
Patna High Court CWJC No.8483 of 2022 dt.11-11-2022 2/2
reversed in appeal and the license of the respondent No. 6 has been restored.
The petitioner, who is an interloper, that is to say
that he is neither a dealer nor a targeted beneficiary attached to the shop of respondent No. 6, has chosen to challenge the appellate order on various grounds, which we are afraid, cannot be looked into.
This appears to be a vested interest litigation which cannot be permitted.
The petitioner has misused the forum of law but for our own reasons, we only dismiss this petition and do
not order for any cost to be imposed on the petitioner.
The petition is dismissed.
(Ashutosh Kumar, J)
(Nawneet Kumar Pandey, J)
krishna/-
| AFR/NAFR | NAFR |
|---|---|
| CAV DATE | NA |
| Uploading Date | 14.11.2022 |
| Transmission Date | NA |
1 issue framed by the court
Whether a petitioner with no vested interest as a dealer or beneficiary under the PDS scheme can challenge the restoration of a licensee's license.
Sarita Devi
State of Bihar
District Magistrate, Jehanabad
Baijnath Sharma
Sub Divisional Officer, Jehanabad
District Supply Officer, District-Jehanabad
Ashutosh Kumar
Nawneet Kumar Pandey
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
