Deepu Devi Vs The State Of Bihar and Ors. — Patna HC (2025) — LawSathi Research

Deepu Devi Vs The State Of Bihar and Ors. — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Petitioner's fair price shop (PDS) licence restored; the error/default in deposit of the renewal licence fee condoned for once; writ petition disposed of in terms of CWJC No. 1361 of 2014 (order dated 28.06.2016) of a co-ordinate Bench; interlocutory application(s), if any, stand disposed of.

Issue for consideration

Whether the order dated 01.09.2014 passed by the learned S.D.O., Sadar Darbhanga (Annexure-2) cancelling the petitioner's fair price shop licence for non-deposit of renewal licence fee, and the order dated 16.05.2016 passed in PDS Case No. 52 of 2014 by the learned Collector, Darbhanga rejecting the statutory appeal, are liable to be set aside and the petitioner's licence restored. +1 more

Court's answer

The present writ petition stands disposed of in terms of the judgment passed in CWJC No. 1361 of 2014 (Pramod Kumar Versus The State of Bihar & Ors.) by a co-ordinate Bench of the Patna High Court.

Ratio / Principle

Since the renewal fee with late fine had already been deposited by the petitioner at the time of passing of Annexure-2 and this was not denied by the authority, the error committed by the petitioner was condoned for once and her PDS licence in question was directed to be restored.

Detailed headnote1 paragraphs

Patna High Court (G. Anupama Chakravarthy, J.) disposed of a writ petition by Deepu Devi challenging (i) the order dated 01.09.2014 of the learned S.D.O., Sadar Darbhanga (Annexure-2) cancelling her licence granted under the Fair Price Shop of Order on the ground of non-deposit of renewal licence fee, and (ii) the order dated 16.05.2016 passed in PDS Case No. 52 of 2014 by the learned Collector, Darbhanga rejecting her statutory appeal. Finding that the renewal fee with late fine had already been deposited by the petitioner at the time of passing of Annexure-2 — a fact not denied by the authority — the Court condoned the petitioner's error for once and restored her PDS licence, disposing of the writ petition in terms of the order dated 28.06.2016 in CWJC No. 1361 of 2014 (Pramod Kumar Versus The State of Bihar & Ors.) rendered by a co-ordinate Bench of the Court. Interlocutory application(s), if any, stood disposed of.

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.14575 of 2016

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

Deepu Devi W/o Late Bindu Rai Resident of Subhankarpur, Ward No. 8 P.S.LNMU University, District- Darbhanga.

... ... Petitioner/s

Versus

The State Of Bihar through the Collector, Darbhanga

The Sub Divisional Officer, Sadar Darbhanga.

The Circle Officer-cum- Block Supply Officer, Town Darbhanga.

... ... Respondent/s

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

Appearance : For the Petitioner/s : M/s N.K.Agrawal, Sr. Advocate Dhananjaya Nath Tiwari, Advocate For the Respondent/s : Smt. Namrata Mishra- GA 6 ======================================================

CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY ORAL JUDGMENT

Date : 10-02-2025

Petitioner has prayed for following

relief(s):-

“That the present writ application is being filed on behalf of the sole petitioner above named for setting aside the order dated 01.09.2014 passed by the learned S.D.O., Sadar Darbhanga (Annexure-2) by which the license granted under the provision of the Fair Price Shop of Order has been cancelled on the ground of non deposit of renewal license fee and further for quashing the order dated 16.05.2016 passed in PDS Case No. 52 of 2014 passed by

Patna High Court CWJC No.14575 of 2016 dt.10-02-2025 2/3

the learned Collector, Darbhanga by which the statutory appeal filed on behalf of the petitioner has been rejected and further be pleased to restore the license of the petitioner.”

At the outset, Learned counsel for the petitioner contended that since this matter is squarely covered under the order dated 28.06.2016 passed in CWJC No. 1361 of 2014 (Pramod Kumar Versus The State of Bihar &

Ors.) , this writ petition may also be disposed of on the same term and conditions.

Having regard to the submissions made by the Learned Senior counsel for the petitioner as well the fact that at the time of passing of Annexure-2, the renewal fee with late fine was already deposited by the petitioner, which has not been denied by the authority, let the error committed by the petitioner be condoned for once and her PDS licence in question be restored.

In view of the facts and circumstances stated above, the present Writ petition stands

Patna High Court CWJC No.14575 of 2016 dt.10-02-2025 3/3

disposed of in terms of the aforesaid judgment passed in CWJC No. 1361 of 2014 (supra) by a

co-ordinate Bench of this Court.

Interlocutory Application, if any, shall

stands disposed of.

(G. Anupama Chakravarthy, J)

Spd/-

AFR/NAFR	NAFR
CAV DATE	NA
Uploading Date	10.02.2025
Transmission Date