Dilkeshwar Ram vs The State Of Bihar And Ors
2025 Latest Caselaw 135 Patna

Patna High Court

Dilkeshwar Ram vs The State Of Bihar And Ors on 7 May, 2025

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                     Civil Writ Jurisdiction Case No.13336 of 2018
     ======================================================
     Dilkeshwar Ram S/o Late Jatu Ram, resident of Village- Runiya, P.O. Beri,
     P.S.- Salaiya, District- Aurangabad.

                                                            ... ... Petitioner/s
                                     Versus
1.   The State Of Bihar through the Principal Secretary, Food and Consumer
     Protection Department, Government of Bihar, Patna
2.   The Sub Divisional Officer, Aurangabad.
3.   The Block Supply Officer, Madanpur, Aurangabad.

                                               ... ... Respondent/s
     ======================================================
     Appearance :
     For the Petitioner/s   :     M/s N.K.Agarwal, Sr. Advocate
                                  Bishwajeet Pandey,
                                  Kumar Rajdeep, Advocate
     For the Respondent/s   :     Mr. S. Raza Ahmad- AAG 5
     ======================================================
     CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY

                                ORAL JUDGMENT
                                Date : 07-05-2025

                    1. Heard the Learned Senior counsel for

      the petitioner Mr. N.K.Agarwal,                 and the Learned

      counsel for the State.

                    2. The petitioner has filed the Writ petition

      for the following reliefs:

                        "(i) That the present writ application is
                        being for setting aside the order dated
                        25.05.2018

, by which the Learned Collector, Aurangabad, was pleasec to dismiss the appeal bearing P.D.S. Appeal Case No. 16/2017 filed by the petitioner assailing the order dated Patna High Court CWJC No.13336 of 2018 dt.07-05-2025

17.05.2017 in Supply Case No. 19/2017 contained in memo no. 1783 passed by learned Sub Divisional Officer, Aurangabad by which the learned Sub Divisional Officer, was pleased to cancel the P.D.S. License of the petitioner to carry on trade as an P.D.S. Dealer."

3. At the outset, the Learned Senior

counsel for the petitioner contends that this matter

is squarely covered under the judgment dated

10.07.2018 passed by a Division Bench of this

Court in L.P.A. No. 499 of 2018 (Ram Bachan

Ram Versus The State of Bihar & Ors.).

Therefore, it is prayed that this Writ petition may

be disposed of on the same terms and conditions.

4. In view of the fact that this matter is

squarely covered by the aforesaid judgment, the

Writ petition is allowed in light of the judgment

passed in L.P.A. No. 499 of 2018 (supra) and,

accordingly, the impugned order dated 17.05.2017

passed in Supply Case No. 19/2017 (Annexure-3)

and order dated 25.05.2018 passed in P.D.S.

Appeal No. 16/2017 (Annexure-4) and are, hereby, Patna High Court CWJC No.13336 of 2018 dt.07-05-2025

quashed. The respondent No. 2 is directed to

restore the licence and to restore the supplies to

the petitioner without delay.

5. The Writ petition stands allowed.

However, liberty shall be available to the

respondents to take appropriate action afresh, in

accordance with law, if so advised.

6. Interlocutory Application(s), if any,

shall stand disposed of.

(G. Anupama Chakravarthy, J) Spd/-

AFR/NAFR                NAFR
CAV DATE                NA
Uploading Date          07.05.2025
Transmission Date