Jharkhand High Court
Nageshwar Chaudhary vs The State Of Jharkhand on 13 September, 2021
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(C) No.2380 of 2021
Nageshwar Chaudhary ..... ... Petitioner
Versus
1. The State of Jharkhand
2. The Deputy Commissioner, Hazaribag, New Collectorate Building,
Hazaribag.
3. Circle Officer, Sadar, Hazaribag.
4. Sub-Divisional Officer, Sadar, Hazaribag.
5. District Supply Officer, Bishungarh, Hazaribag. .... .... Respondents
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CORAM : HON'BLE MR. JUSTICE RAJESH SHANKAR
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For the Petitioner : Ms. Aprajita Bhardwaj, Advocate
Ms. Tanya Singh, Advocate
For the Respondents : Mr. Gaurav Raj, A.C. to A.A.G.-II
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02/13.09.2021 The present writ petition is taken up today through Video
conferencing.
2. The present writ petition has been filed for the following reliefs:
(a) For issuance of direction upon the respondents show
causing them as to why Confiscation Case No.68 of 2009,
registered against the petitioner has been kept pending
for about 12 years when the petitioner has not only
replied to the show cause notice issued to him way back
on 8th January, 2010 but has also been acquitted in
Bishnugarh P.S. Case No.93 of 2009 pursuant to which
the State Case No.68 of 2009 was initiated against him.
(b) For issuance of direction upon the respondents to
immediately make allotment to the petitioner the PDS
shop for which the petitioner held license no.59 of 1985
and operation of the same has been illegally and
wrongfully been denied in violation of the relevant
provisions of the Essential Commodities Act. 1955.
(c) For issuance of direction upon the respondents to
expedite the proceedings in Confiscation Case No.68 of
2009 and to dispose of the same in the light of the fact
that the same is pending before the court of Deputy
Commissioner, Hazaribag - the respondent no.2 for about
12 years.
3. Learned counsel for the petitioner submits that Confiscation Case
No.68 of 2009 was initiated against the petitioner subsequent to lodging
of Bishnugarh P.S. Case No.93 of 2009 (T.R. No.58 of 2017) for which the
petitioner and others faced the trial under Sections 409/120 of the Indian
Penal Code and Section 7 of the Essential Commodities Act. The said case
ended in acquittal of the accused persons including the petitioner vide
judgment dated 12th September, 2017 passed by the learned Sub-
Divisional Judicial Magistrate, Hazaribag.
4. The grievance of the petitioner is that despite acquittal of the
petitioner and others by the learned trial court, the Confiscation Case
No.68 of 2009 has not yet been concluded due to which the petitioner's
P.D.S. license no.59 of 1985 has remained in dormant condition.
5. Having heard learned counsel for the parties and keeping in view
the nature of the prayer made by the petitioner in the present writ
petition, the respondent no.2 is directed to expedite the hearing of
Confiscation Case No.68 of 2009 and to conclude the same within a
period of two months from the date of receipt/production of a copy of
this order.
6. The writ petition is accordingly disposed of with aforesaid direction.
(Rajesh Shankar, J.)
Rohit
