Patna High Court - Orders
The State Of Bihar & Ors. vs Ravi Shankar Mishra on 14 March, 2013
Author: Navin Sinha
Bench: Navin Sinha, Shivaji Pandey
Patna High Court LPA No.292 of 2013 (3) dt.14-03-2013
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.292 of 2013
In
Civil Writ Jurisdiction Case No. 14525 of 2008
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1. The State Of Bihar
2. The Collector, Araria
3. The S.D.O., Araria
.... .... Appellant/s
Versus
1. Ravi Shankar Mishra Son Of Shri Bhola Nath Mishra Resident Of
Village Thekura, P.S. Raniganj, District Araria
.... .... Respondent/s
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Appearance :
For the Appellant/s : Mr. S.D. Sanjay, AAG-12
For the Respondent/s : Mr. Satish Chandra Mishra
Mr. Z. Quamar.
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CORAM: HONOURABLE MR. JUSTICE NAVIN SINHA
and
HONOURABLE MR. JUSTICE SHIVAJI PANDEY
ORAL ORDER
(Per: HONOURABLE MR. JUSTICE NAVIN SINHA)
3 14-03-2013We have heard counsel for the Additional Advocate General-12 for the Appellants.
The present Appeal arises from order dated04.11.2011 in C.W.J.C. No. 14454 of 2008 setting aside the cancellation of the PDS license granted to the respondent on the ground that it was done without the concurrence of the selection committee under the Public Distribution (Control) Order, 2001 notified by the State Government on 20.02.2007. The dealership was granted to the respondent in the year 2006.
If the order for cancellation is based on a specified ground, no matter how attractive the arguments on Patna High Court LPA No.292 of 2013 (3) dt.14-03-2013 behalf of the Appellants may seem, it cannot be tested on grounds foreign to the same or be supported on reasons beyond the specified ground. The further jurisdiction of the respondents is fettered only on the specified ground.
The limitation petition and the Appeal are both dismissed.
(Navin Sinha, J.) (Shivaji Pandey, J.) Md. Ibrarul/-