High Court Patna High Court - Orders

Md.Kalim vs The State Of Bihar & Ors on 18 November, 2011

Patna High Court – Orders
Md.Kalim vs The State Of Bihar & Ors on 18 November, 2011
             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.
             ----------------------------------

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.)