Shibnarayan Sah vs The State Of Bihar
2023 Latest Caselaw 2430 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.1458 of 2023
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Shibnarayan Sah Son of Asharfi Sah, Resident of Village- Gonha, P.S.- Triveniganj, District- Supaul.

... ... Petitioner/s Versus

1. The State of Bihar through the Principal Secretary, Food and Consumer Protection Department, Old Secretariat, Patna.

2. The Collector, Supaul, District- Supaul.

3. The Sub-Divisional Officer, Triveniganj, District- Supaul.

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

For the Petitioner/s : Mr.Rajeev Kumar Labh, Advocate For the Respondent/s : Mr.S. Raza Ahmad (AAG 5) ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI ORAL JUDGMENT Date : 16-05-2023 Heard learned counsel for the respective parties.

2. In the instant petition, petitioner has prayed for the

following reliefs:-

"For issuance of an appropriate writ order and direction for quashing the order passed by the Sub-Divisional Officer, Triveniganj issued vide Memo No. 219 dated 3.10.2017 whereby and whereunder License of the petitioner's P.D.S. shop has been suspended only on a sole ground that a F.I.R. U/S 7 of the E.C Act. It has been lodged against the petitioner (Annexure-1) and quashing the order dated 23.07.2022 passed by the learned Collector, Supaul in Supply Appeal Case No. 03/2022 (Annexure- 3) and further may resort the petitioner's license as before and to make allotment for the same."

3. License suspending authority is hereby directed to

revisit the matter and take a decision to revive the suspension Patna High Court CWJC No.1458 of 2023 dt.16-05-2023

order since the suspension is in vogue from 03.10.2017. That

apart, the petitioner has suffered the order before the appellate

authority on 23.07.2022. If there is no action on the part of the

concerned respondent, the very object of suspension of license is

defeated, in other words, the suspension of license is temporary.

Further action has not been taken as on this day. Therefore, the

suspending authority is hereby directed to undertake to revive the

license within a period of one month from the date of receipt of

this order.

4. With the aforesaid observations, the present writ

petition stands disposed off.

(P. B. Bajanthri, J) Vikash/-

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