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Patna High Court

Girija Devi @ Girja DeviversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court modified the earlier dismissal order, directing the Sub‑Divisional Officer to issue a final decision on the licence suspension, and disposed of the review petition.

Summary

Girija Devi filed a review petition challenging the High Court's order dated 15‑11‑2021 which dismissed her original writ petition on the grounds of delay and laches. The original writ petition had contested the suspension of her Public Distribution System (PDS) / Fair Price Shop licence issued by the Sub‑Divisional Officer on 29‑02‑2008. The petitioner argued that the suspension could not continue indefinitely without a final decision on cancellation or revocation. The Court held that the suspension cannot exist in perpetuity and directed the Sub‑Divisional Officer to pass a final order on the licence either cancelling it or revoking the suspension. The review petition was disposed of, with the earlier order modified to incorporate this direction. The decision emphasizes the need for timely administrative action in licence matters.

Issues considered

  • What is the appropriate scope for a review of a dismissal order on the ground of delay and laches?
  • Can a suspension of a PDS/Fair Price Shop licence continue indefinitely without a final adjudicatory order?

Subjects

  • review petition
  • writ jurisdiction
  • public distribution system
  • suspension of licence
  • delay
  • laches
  • administrative law

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                     CIVIL REVIEW No.337 of 2024
                                                     In
                               Civil Writ Jurisdiction Case No.9476 of 2020
                 ======================================================
                 Girija Devi @ Girja Devi Wife of Deep Narayan Sah Resident of Village-
                 Sirsaw Mathiya,Police Station-Daraundha, District-Siwan.

                                                                            ... ... Petitioner/s
                                                   Versus

           1.    The State of Bihar
           2.    The Divisional Commissioner, Saran at Chapra,
           3.    The District Magistrate, Siwan.
           4.    The Sub-Divisional Officer, Maharajganj, District-Siwan.
           5.    The Assistant District Supply Officer, Maharajganj-cum-the in-Charge
                 Block Supply Officer, Maharajganj, District- Siwan.
           6.    The Block Supply Officer, Daraundha, District-Siwan.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :   Mr. Prashant Kashyap, Advocate
                                              Mr.Ashok Kumar, Advocate
                                              Mr. Kaustubh Prakash, Advocate
                 For the Opposite Party/s :   Mr. S. Raza Ahmand, AAG-5
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH
                         and
                         HONOURABLE MR. JUSTICE RAJ KUMAR
                                       ORAL ORDER

                 (Per: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH)

3   06-07-2026              Though the present review petition has been filed seeking

                   review of the order dated 15.11.2021 passed in CWJC No. 9476

                   of 2020, whereby and whereunder the writ petition, challenging

                   the order dated 29.02.2008 passed by the Sub-Divisional

                   Officer, Maharajganj, Siwan, suspending the license of Public

                   Distribution System Shop/Fair Price Shop has been dismissed

                   on the ground of delay and laches, however, at the outset, the
         Patna High Court C. REV. No.337 of 2024(3) dt.06-07-2026
                                                      2/2




                   Ld. Counsel for the petitioner submits that the order of

                   suspension of the Public Distribution System Shop/Fair Price

                   Shop of the petitioner cannot exist in perpetuity and a final

                   decision with regard to either cancelling the license of Public

                   Distribution System Shop/Fair Price Shop or revoking the

                   suspension is required to be passed by the Sub-Divisional

                   Officer, Maharajganj, Siwan, to which the Ld. Counsel

                   appearing for the respondents submits that the final order would

                   definitely be passed expeditiously. It is directed accordingly.

                   2.      Accordingly, the present review petition stands disposed

                   of with the aforesaid modification in the order dated 15.11.2021

                   passed in CWJC No. 9476 of 2020.



                                           (Mohit Kumar Shah, J)


                                                  (Raj Kumar, J)
S.Sb/-

U


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