Sanjay Kumar @ Sanjay Kumar Bhagat vs The State Of Bihar
2021 Latest Caselaw 6110 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                   Civil Writ Jurisdiction Case No.2827 of 2021
     ======================================================

Sanjay Kumar @ Sanjay Kumar Bhagat, S/o Late Vishnudev Bhagat Resident of Ward No.- 4, Saraunja, P.S.- Bakhtiyarpur, District- Saharsa.

... ... Petitioner/s Versus

1. The State of Bihar through the Secretary, Food and Consumer Protection Department, Government of Bihar, Patna.

2. The District Magistrate-cum- Collector, Saharsa.

3. The Block Supply Officer, Simribakhtiyarpur.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Dhananjaya Nath Tiwari, Advocate For the Respondent/s : Mr. U. P. Singh, AC to SC 4 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE S. KUMAR)

Date : 14-12-2021 Heard learned counsel for the parties.

Petitioner has prayed for following relief:-

"For setting aside the order contained in memo no.534-2 dated 20.04.2017 passed by the learned Sub Divisional Officer-cum-licensing authority, Simribakhtiyarpur by which the petitioner's license who is a Thela Vendor has been suspended the license of the petitioner being license no.128/1985 till further order and the allotment of the petitioner had been tagged with another dealer and further be pleased to restore the supply of the petitioner."

It is submitted on behalf of the petitioner that his

licence of kerosene oil was suspended vide order dated

20.04.2017 by Sub Divisional Officer-cum-Licensing Authority, Patna High Court CWJC No.2827 of 2021 dt.14-12-2021

Simribakhtiyarpur for the reasons that he was made accused in a

case instituted under Section 7 of the E.C. Act. It is further

submitted that in terms of Rule 28 of Bihar Targeted Public

Distribution System (Control) Order, 2016, the competent

authority/the licensing authority/Sub-Divisional Officer has to

pass an order within 180 days from the date of suspension and

even after four years, no order has been passed by the licensing

authority.

As such, the writ petition is disposed of giving liberty to

petitioner to file a representation within four weeks before the

Sub-Divisional Officer-cum- Licensing Authority,

Simribakhtiyarpur who shall consider said representation in

terms of Rule 28 of the Rules and pass appropriate order within

8 weeks from the date of filing of such representation.

                                                 (Sanjay Karol, CJ)


                                                     ( S. Kumar, J)
Sanjay/-Ranjan
AFR/NAFR                NAFR
CAV DATE                NA
Uploading Date          18.12.2021
Transmission Date       NA