Patna High Court
Chanda Kuwar @ Mosmat Chanda Kuwar vs The State Of Bihar on 14 December, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.2961 of 2021
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Chanda Kuwar @ Mosmat Chanda Kuwar W/o Late Chini Lal Sah, resident
of Village - Saraiya, P.S. Baniyapur, District - Saran (Chapra).
... ... Petitioner/s
Versus
1. The State of Bihar through the District Magistrate Saran at Chapra.
2. The District Supply Officer Saran at Chapra.
3. The Sub Divisional Officer Sadar Saran at Chapra.
4. The Block Development Officer, Baniyanpur Saran at Chapra.
5. The Block Supply Officer Baniyanpur Saran at Chapra.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Manoj Kumar, Advocate, Advocate
For the Respondent/s : Mr.Lalit Kishore ( A.G )
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CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE S. KUMAR
ORAL JUDGMENT
(Per: HONOURABLE THE CHIEF JUSTICE)
Date : 14-12-2021
Heard learned counsel for the parties.
Petitioner has prayed for the following relief(s).
"1. That the present writ petition is being filed for
issuance of appropriate writ/writs, order/orders
direction/directions to the Respondents for setting
aside the order dt 14.03.2018 vide memo no.442
issued by S.D.O. Sadar Chapra, and cancelled the
license of petitioner of P.D.S. Delar vide license
No. 94/2016 only on the basis of oral statement of
three consumers except this nothing, the reply of
show cause has also been filed by petitioner and
after dissatisfying the reply the present order has
been passed by S.D.O. Sadar and same has been
challenge before the D.M Saran vide App.No.-
13/2018 on 07.04.2018 same is pending before
D.M Saran till today.
As per the above facts Your Lordships may
Patna High Court CWJC No.2961 of 2021 dt.14-12-2021
pass appropriate order after setting aside the order
dt. 14.03.2018 vide memo no.442 issued by S.D.O.
Sadar Chapra and restored the license of the
petitioner."
Learned counsel for the petitioner states that the
appeal preferred by the petitioner is pending for the last three
years.
It is brought to our notice that the appeal has to be
decided within the statutory period prescribed under the Act.
Learned counsel for the petitioner further states that
the appeal has to be heard and decided also in view of the
decision rendered by this Court in C.W.J.C. No. 5418 of 2009
titled as Ramnath Paswan Versus The State of Bihar & Ors.
(Annexure-7 Page-39).
Well, we do not express any opinion about the
binding effect of the said decision, but, however, since the
petitioner's appeal is pending consideration, we direct the
authority concerned to positively decide the same within four
weeks from today by passing a reasoned and speaking order, of
course after complying with the principles of natural justice, as
also after giving opportunity to the parties to produce all the
relevant materials. The petitioner shall make himself available
in the office of the appellate authority on 21 st of December,
2021alongwith a copy of this order. The appellate authority shall
Patna High Court CWJC No.2961 of 2021 dt.14-12-2021
account for all the submissions made by the petitioner.
The present writ petition stands disposed of in the
aforesaid terms.
Interlocutory application, if any, shall also stand
disposed of."
(Sanjay Karol, CJ)
(S. Kumar, J)
veena/rajiv-
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