Appeal against dismissal of a writ petition challenging cancellation of a Public Distribution System dealership. The court found gross delay and laches, noted the statutory appellate remedy was not availed within limitation long before the pandemic, and dismissed the appeal.
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 Letters Patent Appeal No.297 of 2021 In
Civil Writ Jurisdiction Case No.8571 of 2020
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Baliram Paswan son of Munshi Paswan resident of Village- Moratal, Village Panchayat- Moratal, P.S.- Bodh Gaya, District Gaya.
... ... Appellant/s
Versus
... ... Respondent/s
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Appearance :
For the Appellant/s : Mr. Binay Kumar, Advocate For the Respondent/s : Mr. Alok Ranjan, A.C. to AAG-5
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CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
4 01-10-2024
The appellant is aggrieved with the dismissal of the
writ petition filed against the cancellation of a Public Distribution System dealership. The cancellation was on 19.10.2019 and the petitioner without availing the appellate remedy available within 30 days, filed the writ petition in October, 2020 after almost one year.
Patna High Court L.P.A No.297 of 2021(4) dt.01-10-2024 2/2
long before the pandemic period started.
gross delay and laches and we also find that there is no reason to bypass the statutory remedy. We are unable to cause any interference to the judgment passed.
(K. Vinod Chandran, CJ)
( Partha Sarthy, J)
Saurabh/-
U
1 issue framed by the court
Whether a writ petition filed after about one year against cancellation of a PDS dealership, without availing the statutory appeal, should be entertained despite the pandemic.
Baliram Paswan
The State of Bihar through the Principal Secretary, Food and Consumer Protection Department
The District Magistrate, Gaya
The Sub Divisional Officer, Sadar Gaya
The Block Supply Officer, Bodh Gaya, Dist.- Gaya
K. Vinod Chandran
Partha Sarthy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
