SARITA DEVI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This writ petition is under Article 226 of the Constitution of India, whereby and whereunder the order dated 30.10.2018 passed by the Deputy Commissioner cum District Magistrate, Chatra is under challenge by which the appeal preferred by the petitioner against the order passed by the Sub-Divisional Officer dated 03.04.2013 has been declined to be interfered with since the appeal has been preferred after lapse of a period of five months that too without showing any sufficient cause for condonation of delay.

(2.) It is the case of the petitioner that the licence has been issued under the Public Distribution System in the village area and on the ground of commission of some irregularity, the same has been cancelled by the Subdivisional Officer, the licensing authority, which has been assailed by the petitioner by filing a writ petition being W.P. (C) No. 5261 of 2014 (Annexure-5) which has been disposed of vide order dated 11.04.2013 but as would appear from the Annexure-5 passed in W.P. (C) No. 5261 of 2014 dated 30.06.2015 wherein an order dated 03.04.2013 was passed by the Subdivisional Officer, Chatra, has been assailed, upon which the order has been passed by a co-ordinate Bench of this Court holding the writ petition not maintainable, however, to approach before the appellate authority within a period of four week for its consideration by the authority on its own merit.

(3.) Further a copy of the order passed in Contempt Case (Civil) No. 742 of 2013 disposed of on 12.09.2014 (Anneuxre-6) which has been withdrawn since during pendency of the contempt application reasoned order has been passed with respect to compliance of the order passed by the writ Court.