Sheo Ravidas @ Shivram vs The State Of Bihar
2021 Latest Caselaw 483 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                       Letters Patent Appeal No.821 of 2018
                                          In
                   Civil Writ Jurisdiction Case No.14945 of 2017
     ======================================================

Sheo Ravidas @ Shivram Son of Late Nageshwar Ravidas @ Nageshwar Ram Resident of Village and Post- Mahuawan, Panchayat- Mahuawan, Police Station- Madanpur, Block- Madanpur, District- Aurangabad, Bihar.

... petitioner ... Appellant/s Versus

1. The State Of Bihar through the Principal Secretary, Food and Civil Supplies Department, Government of Bihar, Patna.

2. The Principal Secretary, Food and Civil Supplies Department, Government of Bihar, Patna.

3. The District Magistrate, Aurangabad, Bihar.

4. The District Supply Officer, Aurangabad, Bihar.

5. The Sub- Divisional Officer, Aurangabad, Bihar.

6. The Block Supply Officer, Madanpur, District- Aurangabad, Bihar.

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

For the Appellant/s : Mr. Ranvijay Narain Singh, Advocate For the Respondent/s : Mr. Alok Ranjan, A.C. to AAG 5 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE S. KUMAR)

Date : 29-01-2021 Heard learned counsel for the appellant and learned

counsel for the State.

This LPA under Clause 10 of Letters Patent Appeal has

been preferred for setting aside the judgment and order dated

09.05.2018 passed in C.W.J.C. No. 14945 of of 2017 passed

by a learned Single Judge of this Hon'ble Court by which the

writ petition has been dismissed on ground of stale claim being

raised after 17 years.

Patna High Court L.P.A No.821 of 2018 dt.29-01-2021

Writ petition was filed for a direction to the respondent

authorities to restore the PDS licence no. 4 M/92 of petitioner

which was cancelled in August 1998 and same was dismissed by

learned Single Judge as petitioner had approached this Court

after 17 years of cancellation of his licence and is pursuing a

stale claim and dismissed the writ petition on ground of

inordinate and unexplained delay.

The counsel for the State has relied upon a judgment

and order dated 4.4.2019 passed by Division Bench of this

Court in LPA No.1050 of 2018 (arising out of CWJC No.11180

of 2018) in which writ petition for similar relief was denied on

ground of approaching this Court after 4 years of passing of

order of cancellation of licence.

After hearing learned counsel for the appellant and

learned counsel for the State, this Court does not find any error

or infirmity in the order passed by learned Single Judge and, is

accordingly, dismissed.

(Sanjay Karol, CJ)

( S. Kumar, J) Sanjay/-

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Uploading Date          01.02.2021
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