Disposed¶18

Subodh Kumar v. The State of Bihar

Patna HC22 Jan 2025CWJC/11225/2022

Case brief

AI extract

What is this about?

PDS license rejection; S.D.O., Rajouli; memo no. 177 dated 21.01.2021; Annexure-5; license cancellation revocation; Block Supply Officer, Narhat; letter no. 42 dated 05.03.2022; deposit demand Rs. 3,77,784.55/-; Nazarat of Sub-Division; Appeal No. 27 (M) 2022 pending before Respondent No. 2; disposal with consent without merits; direction to decide appeal on merits within eight weeks; notice and opportunity of hearing; Patna High Court CWJC 11225/2022; A. Abhishek Reddy, J.; 22-01-2025.

What did the court decide?

No substantive relief on merits; writ petition disposed of with the consent of both parties, directing Respondent No. 2 to decide the pending Appeal No. 27 (M) 2022 on its own merits within eight weeks, after notice and hearing to the petitioner, and to communicate any order passed to the party. ¶18

Subodh Kumar Vs The State of Bihar — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the writ should issue quashing the order dated 21.01.2021 of S.D.O., Rajouli rejecting the petitioner's PDS license and commanding revocation of the license cancellation. +1 more

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Ratio / Principle

Without going into the merits or demerits, and with the consent of both parties, the court disposed of the writ petition, directing Respondent No. 2 to decide the pending appeal (Appeal No. 27 (M) 2022) on its own merits and pass necessary orders as expeditiously as possible, preferably within eight weeks from receipt of a copy of this order.

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Key takeaways

Before passing any orders, the Appellate Authority shall put the petitioner on notice and give him an opportunity of hearing.ratio¶17

Detailed headnote1 paragraphs

Patna High Court (A. Abhishek Reddy, J.), Oral Order dated 22-01-2025: Civil Writ Jurisdiction Case No.11225 of 2022 (Subodh Kumar v. The State of Bihar and Ors.) disposed of without going into merits, with the consent of both parties. The petition had sought quashing of (i) memo no. 177 dated 21.01.2021 by which the S.D.O., Rajouli rejected the petitioner's PDS license (Annexure-5), (ii) letter no. 42 dated 05.03.2022 of the Block Supply Officer, Narhat demanding deposit of Rs. 3,77,784.55/- in the Nazarat of Sub-Division till 14.03.2022 (Annexure-6), and (iii) revocation of the license cancellation. Noting that the petitioner's appeal against the rejection (Appeal No. 27 (M) 2022) was pending adjudication before Respondent No. 2, the court directed Respondent No. 2 to decide the appeal on its own merits and pass necessary orders expeditiously, preferably within eight weeks of receipt of a copy of the order, after putting the petitioner on notice and affording an opportunity of hearing, and to communicate any order passed to the party.

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.11225 of 2022

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======================================================

Subodh Kumar

... ... Petitioner/s

Versus

The State of Bihar and Ors.

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... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. For the Respondent/s : Mr.S. Raza Ahmad (Aag5) ====================================================== CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY ORAL ORDER

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11 22-01-2025

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Heard the parties.

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2. The present writ petition is filed for the following

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relief(s):-

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“(i) For issuance of an appropriate writ, in quashing the order contained in memo no. 177 dated 21.01.2021 passed by S.D.O., Rajouli, whereby and whereunder PDS license of the petitioner has been rejected (contained in Annexure-5).

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(ii) For issuance of an appropriate writ, in quashing the letter no. 42 dated 05.03.2022 issued under the signature of Block Supply Officer, Narhat, asking the petitioner to deposit Rs. 3,77,784.55/- in the Nazarat of Sub-Division till 14.03.2022 (Annexure-6).

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(iii) For issuance of an appropriate writ, commanding the respondent authority to revoke the license cancellation order.

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(iv) For any other relief/reliefs for which petitioner is entitled under law as well as on facts.”

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Patna High Court CWJC No.11225 of 2022(11) dt.22-01-2025 2/2

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3. Having regard to the fact that the appeal filed by the petitioner before the Respondent no. 2 is pending adjudication bearing Appeal No. 27 (M) 2022. Without going into the merits or demerits of the case the present writ petition is disposed of with the consent of both the parties. The present writ petition is disposed of directing the Respondent No. 2 to decide the appeal on its own merits and pass necessary orders as expeditiously as possible preferably within a period of eight weeks from the date of receipt of a copy of this order. The Appellate Authority before passing any orders shall put the petitioner on notice and give him an opportunity of hearing. In case any order is passed the same shall be communicated to the party.

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4. With the above direction, the present writ petition stands disposed of.

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(A. Abhishek Reddy , J)

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Jyoti/-

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Subodh Kumar v. The State of Bihar

Case brief

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Subodh Kumar v. The State of Bihar

Case brief

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