Patna High Court
Abdul Kuddus vs The State Of Bihar on 6 May, 2025
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.14115 of 2019
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Abdul Kuddus Son of Shekh Asiruddin, Resident of Simalbari (Bansbari),
Ward No. 11, P.S. Baisi, District- Purnea.
... ... Petitioner/s
Versus
1. The State of Bihar through the Secretary, Food and Consumer Protection
Department, Government of Bihar, Patna.
2. The Collector, Purnea.
3. The Sub Divisional Officer Baisi, Purnea.
4. The Block Supply Officer, Baisi, Purnea.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. NK Agarwal, Sr. Adv.
Mr. Shailendra Kumar Singh
Mr. Rajiv Ranjan, Adv.
For the Respondent/s : Mr. S. Raza Ahmad (AAG-5)
Mr. Bijoy Kr.Sinha, AC to AAG-5
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CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY
ORAL JUDGMENT
Date : 06-05-2025
1. Heard the Learned Senior Counsel Shree
N.K. Agarwal appearing on behalf of the petitioner as
well as the Learned counsel for the respondent-
State.
2. The Writ petition is filed to set aside the
order, contained in Memo No. 68 dated 04.01.2018
by which the PDS licence of the petitioner bearing
Licence No. 09 of 2016 was cancelled by the Learned
Sub-Divisional Officer, Baisi, Purnea and further, to
Patna High Court CWJC No.14115 of 2019 dt.06-05-2025
2/4
quash the appellate order dated 29.01.2019 passed
in Supply Appeal Case No. 21 of 2018 passed by the
Learned District Collector, Purnea.
3. The contents of the Writ petition disclose
that the petitioner has earlier filed C.W.J.C. No.
10308 of 2018, challenging the cancellation order of
the licensing authority, which was disposed by the
Court vide order dated 03.08.2018 which reads as
follows:-
1. Heard learned counsel for the
petitioner and learned counsel
appearing for the State.
2. PDS licence of the petitioner
bearing Licence No. 09/16 has
been cancelled by the Licensing
Authority i.e. the Sub-Divisional
Officer, Baisi, Purnea vide Memo
No. 68 dated
04.01.2018
(Annexure-3).
3. The petitioner has preferred
an appeal being Supply Appeal
No. 21/2018 before Respondent
No. 2 i.e. the Collector, Purnea,
which has not yet been
considered.
Patna High Court CWJC No.14115 of 2019 dt.06-05-2025
4. This application is disposed
off with a direction to the
Collector, Purnea (Respondent No.
2) to consider Appeal No. 21/2018
and dispose off the same within a
period of two months from the
date of receipt/ production of a
copy of this order.
4. It is contention of the Learned counsel for
the petitioner that the appellate Court i.e. Collector
has dismissed the appeal for default, as the
petitioner could not appear before the appellate
Court. However, he contends that the present Writ
petition is filed challenging the order dated
29.01.2019 passed by the appellate Court, Purnea.
But, the present Writ petition could not be disposed
of till date and he only seeks the indulgence of this
Court to set aside the order dated 29.01.2019 and to
direct the appellate authority to dispose of the
appeal on merits.
5. Considering the fact that the appeal was
dismissed for default, and there is no specific
provision for the Collector to set aside or review its
Patna High Court CWJC No.14115 of 2019 dt.06-05-2025
own order. This Court is of the considerable view that
the order dated 29.01.2019 passed by the appellate
Court i.e. Collector, Purnea is liable to be set aside,
for giving an opportunity to the petitioner to address
his defence before the appellate authority. In turn,
the appellate authority shall pass an appropriate
order. The petitioner shall approach before the
appellate authority within two weeks, from the date
of receipt of this order and shall make his
submissions. As stated supra, the appellate authority
shall dispose of the appeal on merits within two
months.
6. With the aforesaid observations, the Writ
petition is disposed of.
(G. Anupama Chakravarthy, J)
Manish/-
AFR/NAFR NAFR
CAV DATE N/A
Uploading Date 08.05.2025
Transmission Date 08.05.2025
