The High Court dismissed a Letters Patent Appeal challenging the cancellation of a PDS dealer's license due to intercepted black-marketed grains and failure to produce distribution registers, finding no merit in the appellant's factual disputes.
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.472 of 2021 In
Civil Writ Jurisdiction Case No.24248 of 2018
======================================================
Dhirendra Kumar Baitha Son of Nandlal Baitha, Resident of Village - Chandpur, Panchayat - Madhupur, P.S. - Maharajganj, District - Siwan.
... ... Appellant/s
Versus
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Mithilesh Kr. Upadhyaya, Advocate Ms. Tetara Kumari, Advocate Mr. Raju Prasad, Advocate For the Respondent/s : Mr. Alok Kumar Ranjan, AC to AAG-5
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE PARTHA SARTHY)
Date : 13-08-2024
counsel for the State of Bihar.
Patna High Court L.P.A No.472 of 2021 dt.13-08-2024 2/6
Patna High Court L.P.A No.472 of 2021 dt.13-08-2024 3/6
dated 30.7.2016, the Licensing Authority was pleased to cancel the License no. 89 of 2008 of the appellant. The appeal preferred by the appellant against the said order of cancellation vide Supply Appeal no. 76/2016-17 which was also rejected vide order dated 13.8.2018 passed by the District Magistrate, Siwan. The appellant thus preferred CWJC no. 24248 of 2018 against both the order dated 30.7.2016 passed by the Licensing Authority as well as the order dated 13.8.2018 rejecting the appeal. By order dated 5.7.2021, the learned Single Judge was pleased to dismiss the said writ application against which the instant appeal has been preferred.
Patna High Court L.P.A No.472 of 2021 dt.13-08-2024 4/6
for black-marketing, which led to the registration of the F.I.R. against the appellant. This led to the appellant’s shop being inspected and on no grains being found in the shop together with the appellant having failed to produce the register showing distribution of the grains, led to issuance of the show-cause notice in terms of the Bihar Targeted Public Distribution System (Control) Order, 2016 and after considering the contents of the reply to show-cause notice filed, the order impugned was passed by the Licensing Authority cancelling the license of the appellant. There being no merit in the appeal preferred, the appeal was also rejected.
Patna High Court L.P.A No.472 of 2021 dt.13-08-2024 5/6
the grains and registration of the F.I.R. being G.B. Nagar P.S. Case no. 126 of 2016 under section 7 of the Essential Commodities Act.
Patna High Court L.P.A No.472 of 2021 dt.13-08-2024
6/6
affidavit filed in the writ application on behalf of the respondents which includes the Block Supply Officer, Maharajganj.
10 .The Court finds no merit in the instant appeal and
the same is dismissed.
(K. Vinod Chandran, CJ)
(Partha Sarthy, J)
avinash/-
| AFR/NAFR | |
|---|---|
| CAV DATE | N/A |
| Uploading Date | 20.08.2024 |
| Transmission Date | N/A |
1 issue framed by the court
Whether the cancellation of the Public Distribution System license was justified based on black-marketing and failure to produce records?
1 provisions across 1 enactments
Dhirendra Kumar Baitha
The State of Bihar
The District Magistrate, Siwan
The District Supply Officer, Siwan
The S.D.O., Maharajganj, Siwan
The Block Supply Officer, Maharajganj, Siwan
K. Vinod Chandran
Partha Sarthy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
