IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.7728 of 2010
1. Md. Kalim S/O Md. Zahoor R/O Mohalla- Ghasiar
Tola, Chhota Masjid, P.S.- Kotwali, Distt.
Gaya.
Versus
1. The State Of Bihar
2. The District Magistrate, Gaya
3. The Sub-Divisional Office, Sadar, Gaya
4. The District Supply Officer, Gaya.
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4. 18.11.2011. This matter was taken up
yesterday, i.e on 17.11.2011 when none
appeared on behalf of the petitioner,
learned counsel for the state was
present. The same situation exists today
when none appears on behalf of the
petitioner, however, Mr. Ranjan Kumar
Singh, learned Assisting Counsel to AAG-
7 is present.
A counter affidavit has been
filed on behalf of the respondents.
The writ petition has been
filed for quashing the order dated
15.5.2008 passed by the Sub Divisional
Officer, Sadar, Gaya whereby the licence
of the petitioner under the Public
Distribution System Control Order, 2001
bearing Licence No.01/1984 has been
cancelled.
2
The petitioner has filed
statutory appeal giving rise to Supply
Appeal No.37 of 2008 and which is
pending before the appellate authority,
i.e the District Magistrate, Gaya
respondent no.2 in the present writ
petition. The position has also been
accepted by the respondents at paragraph
no.12 of the counter affidavit admitting
that the appeal in question is pending.
The writ petition is thus
disposed of with direction to the
District Magistrate, Gaya to dispose of
the Supply Appeal No.37 of 2008
expeditiously and preferably within a
period of three months from the date of
receipt/production of a copy of this
court after giving due opportunity of
hearing to the petitioner, if not
already disposed of.
ahk
(Jyoti Saran, J.)