Patna High Court
Rajeshwar Prasad @ Rajeshwar ... vs The State Of Bihar on 7 January, 2022
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.12863 of 2021
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Rajeshwar Prasad @ Rajeshwar Prasad Agrawal Son of Late Sheo Nath
Prasad, Resident of Nabi Nagar, P.S. - Nabinagar, District - Aurangabad
(Bihar).
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Department of Food and
Consumer Protection, Bihar, Patna.
2. The District Magistrate, Aurangabad.
3. The Sub-Divisional Officer, Aurangabad.
4. The District Supply Officer, Aurangabad.
5. The Block Supply Officer, Nabinagar, Aurangabad.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Nand Kishore Prasad Sinha, Advocate
For the Respondent/s : Mr.Arvind Ujjwal (SC 4)
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CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE S. KUMAR
ORAL JUDGMENT
(Per: HONOURABLE THE CHIEF JUSTICE)
(The proceedings of the Court are being conducted by Hon'ble the Chief
Justice/Hon'ble Judges through Video Conferencing from their
residential offices/residences. Also the Advocates and the Staffs joined the
proceedings through Video Conferencing from their residences/offices.)
Date : 07-01-2022
Petitioner has prayed for the following relief(s):
"1. That this is an application for
issuance of appropriate writ order or
or direction directing the Respondents to
to renew PDS license No. 73/MN of 85 of
of the petitioner for his P.D.S. shop
situated at Sanichar Bazar Nabinagar in
ward No. 9 under Nagar Panchayat
Nabinagar in the District of Aurangabad
Patna High Court CWJC No.12863 of 2021 dt.07-01-2022
for which the petitioner has fled
application and deposited required
fee by Challan which has been accepted by
by the Respondents but the P.D.S. licnece
of the petitioner is not being renewed
and no reason is being assigned in this
regard and as such the action of the
Respondents is not permission in law
and thus vitiated."
It is the petitioner's contention that payment for
renewal of licence by way of challan stands accepted. Amount
deposited in the Treasury i.e. challan is on record. Mere deposit
of amount may or may not ensue any right upon the petitioner
for renewal has to be strictly in accordance with P.D.S. Control
Order.
As such, petition is disposed with a direction to
Respondent No.3, namely The Sub-Divisional Officer,
Aurangabad, to positively consider and decide the petitioner's
application for renewal of the P.D.S. Depot within a period of
three months from the date of production of a copy of this
order.
Needless to add, the application has to be decided
on its own merits, uninfluenced by any observation made by
this Court, after compliance of the principles of natural justice,
Liberty reserved to the petitioner to take recourse
to such other remedies as are otherwise available in accordance
Patna High Court CWJC No.12863 of 2021 dt.07-01-2022
with law.
The petition is disposed of in the aforesaid terms.
Interlocutory application, if any, shall also stand
disposed of.
(Sanjay Karol, CJ)
( S. Kumar, J)
K.C.Jha/-
AFR/NAFR
CAV DATE
Uploading Date 13.01.2022
Transmission Date
