Patna High Court
Pramod Kumar Gupta vs The State Of Bihar on 10 January, 2022
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.11725 of 2021
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Pramod Kumar Gupta Son of Late Mangan Sah Resident of Village- Phango,
Panchayat- Buchcha, Police Station- Mansi, District- Khagaria
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Department of Food and
Civil Supply, Government of Bihar, Patna
2. The Principal Secretary, Department of Food and Civil Supply, Government
of Bihar, Patna
3. The Commissioner, Munger Division, Munger
4. The District Magistrate, Khagaria
5. The Sub Divisional Officer, District- Khagaria
6. The Assistant District Supply Officer, Khagaria
7. The Block Supply Officer, Chautham, District- Khagaria
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Manoj Kumar, Advocate
For the Respondent/s : Mr.Lalit Kishore (AG)
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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 : 10-01-2022
Heard learned counsel for the parties.
Petitioner has prayed for the following relief(s).
" I) For issuance of writ in the nature of
certirari quashing the order contained in
Memo No. 157/Anu. Aapurti, dated
04.05.2020, whereby and whereunder the
Sub-Divisional Officer, Khagaria suspended
Patna High Court CWJC No.11725 of 2021 dt.10-01-2022
the license of the fair price shop of the
petitioner with immediate effect (Annexure-
2).
II) For issuance of writ in the nature of
certiorari quashing the order contained in
Memo No. 197/Anu. Aapurti, dated
18.05.2020, whereby and whereunder the
Sub-Divisional Officer, Khagaria tagged the
allotment and consumers of petitioner's shop
to one Sh. Bipin Kumar dealer of fair price
shop having License No. 06C/2019
(Annexure-3)
III) For directing the licensing authority to
restore the P.D.S. license No. 58 C/2007 in
name of the petitioner further be issued his
unite continuing allotment to the said fair
price shop for distribution among the
respective consumers.
IV) For any other relief/reliefs for which the
petitioner is entitled for."
After the matter was heard for some time, learned
counsel for the petitioner, under instruction, submits that
petitioner shall be content if the petition is disposed of,
reserving liberty to the petitioner to approach Respondent No.
5, namely the Sub-Divisional Officer, Khagaria within a period
of four weeks along with a copy of this order, with a direction to
the said officer to consider and decide the petitioner's
application within a period of six months from the date of its
filing.
Without expressing any opinion on merits of the
claim, petition is disposed of with the liberty aforesaid. All
issues on facts and law are left open.
Patna High Court CWJC No.11725 of 2021 dt.10-01-2022
Needless to say that while considering such request,
principles of natural justice shall be followed and due
opportunity of hearing afforded to the parties.
If aggrieved by the said order, the petitioner shall
have liberty to approach this Court by way of separate
petition(s), if so required and desired.
Equally, liberty is reserved to the petitioner to take
recourse to such alternative remedies as are otherwise available
in accordance with law.
We are hopeful that as and when petitioner takes
recourse to such remedies, as are otherwise available in law,
before the appropriate forum, the same shall be dealt with, in
accordance with law and with reasonable dispatch.
The petition stands disposed of in the aforesaid terms.
Interlocutory application, if any, shall also stand
disposed of.
(Sanjay Karol, CJ)
( S. Kumar, J)
K.C.Jha/-DKS
AFR/NAFR
CAV DATE
Uploading Date 13.01.2022
Transmission Date
