IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.8135 of 2010
1. Md. Atikur Rahman S/O Md. Hanif R/O Vill.- Bela,
P.S.- Sonbarsa, Distt.- Sitamarhi
Versus
1. The State Of Bihar Through Collector, Sitamarhi
2. Collector, Sitamarhi
3. Sub Divisional Officer, Sitamarhi Sadar
4. Block Supply Officer, Sonbarsa, Sitamarhi
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with
Civil Writ Jurisdiction Case No.8143 of 2010
1. Ashok Kumar Singh S/O Madan Singh R/O Vill.-
Bhagwan Pur, P.S.- Sonbarsa, Distt.- Sitamarhi
Versus
1. The State Of Bihar Through Collector, Sitamarhi
2. Collector, Sitamarhi
3. Sub Divisional Officer, Sitamarhi Sadar
4. Block Supply Officer, Sonbarsa, Sitamarhi
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with
Civil Writ Jurisdiction Case No.8230 of 2010
1. Raghu Bhushan Prasad, S/O Late Rajendra Prasad,
R/O Village Sonbarsa Tole Chilari,P.S.-
Sonbarsa,District-Sitamarhi.
Versus
1. The State Of Bihar Through Collector,Sitamarhi.
2. Collector,Sitamarhi.
3. Sub Divisional Officer, Sitamarhi. Sadar.
4. Block Supply Officer,Sonbarsa,Sitamarhi.
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with
Civil Writ Jurisdiction Case No.9248 of 2010
1. Surya Dev Jha S/O Rijhan Jha R/O Vill.- Marpa,
P.S.- Kanhouli, Distt.- Sitamarhi
Versus
1. The State Of Bihar Through Collector, Sitamarhi
2. Collector, Sitamarhi
3. Sub Divisional Officer Sitamarhi Sadar
4. Block Supply Officer Sonbarsa, Sitamarhi
———————————-
with
Civil Writ Jurisdiction Case No.9483 of 2010
1. Kavi Paswan S/O Uchit Paswan R/O Vill.- Bhasar,
P.S.- Kanhouli, Distt.- Sitamarhi
Versus
1. The State Of Bihar Through Collector, Sitamarhi
2. Collector, Sitamarhi
3. Sub Divisional Officer, Sitamarhi Sadar
4. Block Supply Officer, Sonbarsa, Sitamarhi
———————————-
with
2
Civil Writ Jurisdiction Case No.9523 of 2010
1. Baldeo Prasad S/O Ram Lakshan Mahto R/O Vill
Bhaluaha, P.S.Sonbarsa, Distt-Sitamarhi
Versus
1. The State Of Bihar Through Collector Sitamarhi
2. Collector Sitamarhi
3. Sub Divisional Officer Sitamarhi Sadar
4. Block Supply Officer Sonbarsa, Sitamarhi
———————————-
with
Civil Writ Jurisdiction Case No.9529 of 2010
1. Rajdeo Ram S/O Bihari Ram R/O Vill Bhasar,
P.S.Kanhouli, Distt-Sitamarhi
Versus
1. The State Of Bihar Through Collector Sitamarhi
2. Collector Sitamarhi
3. Sub Divisional Officer Sitamarhi Sadar
4. Block Supply Officer Sonbarsa, Sitamarhi
———————————-
with
Civil Writ Jurisdiction Case No.9541 of 2010
1. Chulhai Mahto S/O Shivdhari Mahto R/O Vill Pipra
Ghat, P.S.Sonbarsa, Distt-Sitamarhi
Versus
1. The State Of Bihar Through Collector Sitamarhi
2. Collector Sitamarhi
3. Sub Divisional Officer Sitamarhi Sadar
4. Block Supply Officer Sonbarsa, Sitamarhi
———————————-
with
Civil Writ Jurisdiction Case No.9640 of 2010
1. Surendra Paswan S/O Late Bhola Paswan R/O Vill.-
Bhasar, P.S.- Kanhouli, Distt.- Sitamarhi
Versus
1. The State Of Bihar Through Collector, Sitamarhi
2. Collector, Sitamarhi
3. Sub Divisional Officer, Sitamarhi Sadar
4. Block Supply Officer, Sonbarsa, Sitamarhi
———————————-
with
Civil Writ Jurisdiction Case No.9841 of 2010
1. Ramyash Rai S/O Ram Dular Rai R/O Vill.-
Dalkawa, P.S.- Sonbarsa, Distt.- Sitamarhi
Versus
1. The State Of Bihar Through Collector, Sitamarhi
2. Collector, Sitamarhi
3. Sub Divisional Officer, Sitamarhi Sadar
4. Block Supply Officer, Sonbarsa, Sitamarhi
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with
3
Civil Writ Jurisdiction Case No.9848 of 2010
1. Jawahar Lal Sah S/O Late Ram Autar Sah R/O
Vill.- Kachour, P.S.- Kanhouli, Distt.- Sitamarhi
Versus
1. The State Of Bihar Through Collector, Sitamarhi
2. Collector, Sitamarhi
3. Sub Divisional Officer, Sitamarhi
4. Block Supply Officer, Sonbarsa, Sitamarhi.
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2 03.11.2011. Mr. Harshvardhan Shiv Sundram,
learned counsel for the petitioners and
learned counsel for the State in the
respective writ petitions are present.
The petitioners have questioned the
order dated 28.5.1999 whereby their
respective licences granted under the Public
Distribution System have been cancelled by a
cyclostyled order which are placed at
Annexure-4 of the respective writ petitions.
It is the contention of the writ
petitioners that a batch of writ petitions
questioning the mechanical manner in which
the order of cancellation has been passed,
came up for consideration before this Court
in C.W.J.C.No.354 of 2006 and analogous
cases and a bench of this Court by order
dated 22.2.2010 (as modified on 15.3.2010)
was pleased to allow the writ petitions and
the matter was remitted back to the
Licensing Authority for fresh consideration
4
and disposal in accordance with law.
Learned counsel for the petitioners
submits that the Bench while allowing the
writ petitions had also taken note of the
delay that had occasioned in approaching
this Court but considering the manner in
which the orders had been passed, the writ
petitions were allowed.
Having heard learned counsel for
the parties and considering the order dated
22.2.2010 passed in C.W.J.C.No.354 of 2006
and other cases, these batch of writ
petitions are also disposed of in terms of
the said order and the impugned order dated
28.5.1999 of the respective writ petitions
placed at Annexure-4 thereof, are quashed
and set aside and the matter is remitted
back to the Licensing Authority-cum-Sub
Divisional Officer, Sitamarhi to reconsider
the matter and pass a fresh order in
accordance with law.
ahk
(Jyoti Saran, J.)