- (1.) The matter has been heard through video conferencing with the consent of the learned counsel for the parties. None of the parties has raised any complaint regarding audio and visual quality.
(2.) This instant intra-court appeal is under Clause 10 of the Letters Patent of the High Court of Judicature at Patna, directed against the order/judgment dated 23.01.2019 passed by learned Single Judge of this Court in W.P.(C) No.4326 of 2016, whereby and whereunder the writ petition has been disposed of extending liberty to the petitioner to approach the concerned District Supply Officer along with a representation for redressal of her grievance, in terms thereof, the District Supply Officer, was directed to look into the grievance of the petitioner and pass appropriate order after giving opportunity of hearing to the writ petitioner.
(3.) The brief facts of the case, which require to be referred herein, read hereunder as: The writ petitioner was running a shop under the Public Distribution System, against whom an F.I.R was instituted being Chouparan P.S. Case No.185 of 2014, alleging inter alia that on 10.11.2014, the Block Supply Officer, Chouparan received a telephonic information from Sub-Divisional Officer, Barhi that in the village Nagwa, Panchayat Bahera, the villagers have caught hold two vehicles loaded with rice and parked in front of the shop of the writ petitioner. The villagers also disclosed that in the night of 09.11.2014 the materials were being uploaded and on enquiry it was known to the villagers that the rice of Public Distribution System was unloaded in the shop of the writ petitioner. It was also found that total 98 bags of rice (47.46 quintals), out of which 7 bags sewed by hand and 91 bags sewed by machine were found. Likewise, the bags of other food grain articles were found, which was seized and a confiscation proceeding had been instituted. The respondents had come out with an order dated 12.11.2014 as contained in Memo No.249, whereby and whereudner the licence of the writ petitioner was suspended with immediate effect on the basis of institution of the first information report and an explanation was sought, as to why her licence be not cancelled. The writ petitioner submitted her reply on 26.11.2014, as would appear from Annexure-2, but no decision being taken, the appellant filed a writ petition being W.P.(C) No.4326 of 2016 before this Court for the following reliefs: "(i) To quash/set aside the order contained in memo no.249 dated 12.11.2014 issued under the pen and signature of respondent no.3, whereby and whereudner, the public distribution system dealership of the petitioner has been suspended. (ii) During the pendency of this writ petition, the respondents be directed to allow the petitioner to continue as Public Distribution System dealership in Village- Nagwa, Panchayat-Bahera, being License No.01/93 in Barhi subdivision, Hazaribagh district. (iii) For any other appropriate relief/reliefs to which the petitioner is found to be entitled in the facts and circumstances of this case as also to do conscionable justice to the petitioner." The writ Court having considered the fact that since the writ petitioner has already submitted reply to the jurisdiction of the show cause notice issuing authority and therefore, declined to quash the impugned order, however, liberty was reserved to the writ petitioner to appear before the District Supply Officer, who was directed to look into the grievance of the writ petitioner which is the subject matter of the present intra-court appeal. ;