High Court Patna High Court - Orders

Doman Prasad vs The State Of Bihar &Amp; Ors on 28 February, 2011

Patna High Court – Orders
Doman Prasad vs The State Of Bihar &Amp; Ors on 28 February, 2011
                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                           CWJC No.18567 of 2009
           1. DOMAN PRASAD S/O LATE JAYMANGAL SAH R/O MOHALLA-
           RAJENDRA PATH, TELBIGHA, P.S.- KOTWALI IN THE DISTRICT OF
           GAYA
                                Versus
           1. THE STATE OF BIHAR
           2. THE DISTRICT MAGISTRATE-CUM-COLLECTOR GAYA
           3. THE SUB-DIVISIONAL OFFICER SADAR, GAYA
           4. THE EXECUTIVE MAGISTRATE (ENQUIRY TEAM-1) SADAR,
           GAYA
           5. THE BLOCK SUPPLY OFFICER SADAR, GAYA
                              -----------

02. 28.02.2011 Heard learned counsel for the petitioner and

learned counsel for the State.

Assailing the order dated 31.12.2007 cancelling

the P.D.S. license, learned counsel submits that the order

is speculative in nature, not based on any conclusive

finding before taking away the livelihood of the petitioner.

The contention is therefore of an arbitrary order.

The Court refrains from making any

observation on the order in view of the pendency of Appeal

No. 29 of 2008 preferred against the cancellation.

Let the appellate authority dispose off the

appeal by a reasoned and speaking order within a

maximum period of four weeks from the date of

receipt/production of a copy of this order, if not already

disposed.

The application stands disposed.

      P.K.                                               ( Navin Sinha, J.)