Patna High Court
Nandkishore Paswan vs The State Of Bihar on 22 January, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.8030 of 2020
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Nandkishore Paswan, Son of Sanik Paswan, Resident of Village- Katersar,
P.S.- Bihta, District- Patna, Bihar.
... ... Petitioner
Versus
1. The State of Bihar through the Principal Secretary, Food and Consumer
Protection, Government of Bihar, Patna.
2. The District Magistrate Patna.
3. Sub Divisional Officer Danapur, Patna.
... ... Respondents
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Appearance :
For the Petitioner : Mr. Sanjeev Kumar Mishra, Advocate
For the Respondents-State: Mr. Lala S.N. Rai, AC to GP-2
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CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH
ORAL JUDGMENT
Date : 22-01-2021
The petitioner has filed the instant application
under Article 226 of the Constitution of India for the following
reliefs:-
(i) For issuance of an appropriate writ in the
nature of certiorari quashing the order dated
31.12.2018 passed by Respondent no.3 by which
the license no.5/2016 of the petitioner under
public distribution system was cancelled.
(ii) And the petitioner further prays to restore
the license no.5/2016 of the petitioner forthwith.
(iii) For direction upon the respondent no.2 to
dispose of appeal no.47 of 2018-19 filed on
29.01.2019.
(iv) Any other order or orders as your
lordships may deem fit and proper and in the
Patna High Court CWJC No.8030 of 2020 dt.22-01-2021
fact and circumstances of the case.
2. At the outset, it is submitted by the learned counsel
for the petitioner that he is not pressing relief nos. (i)(ii) & (iv).
He confines his prayer for issuance of direction upon the
respondent no.2 to dispose of Appeal No.47 of 2018-19 filed by
the petitioner on 29.01.2019.
3. It has been pleaded that the petitioner was a PDS
license dealer and was discharging his duty to the full
satisfaction of his beneficiaries. Vide order dated 31.12.2018,
the respondent no.3 cancelled his PDS License No.5/2016
against which he preferred an appeal vide EC Appeal No.47 of
2019 on 29.01.2019 in the court of the learned District
Magistrate, Patna.
4. Learned counsel for the State does not oppose the
said prayer of the petitioner. He submits that if an appeal is
pending before the learned District Magistrate, he would
certainly dispose of the same in accordance with law within
three months from the date of receipt/production of a copy of
the order.
5. In view of the stand taken by the parties, the writ
petition is disposed of with a direction to the District Magistrate,
Patna that in case Appeal No.47 of 2018-19 filed by the
petitioner against cancellation of his PDS License No.5 of 2016
Patna High Court CWJC No.8030 of 2020 dt.22-01-2021
is pending before him, he shall dispose of the same by passing a
reasoned order as early as possible, preferably within a period of
three months from the date of receipt/production of a copy of
the order.
(Ashwani Kumar Singh, J.)
sanjeet/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 27.01.2021
Transmission Date NA
