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Judgment
Heard learned counsel for the petitioner and the State.
Petitioner earlier approached this Court thrice, first in W.P.C.
No.4641 of 2012 seeking a direction upon the Respondents to grant PDS license for the village Soharkala under Pagar Panchayat in the District of Chatra. The Deputy Commissioner, Chatra was directed to consider the petitioner's representation in accordance with law within a time frame by the order dated 19.2.2013 passed in the said case.
Cont. Case(Civil) No. 742 of 2013 was dropped by the order dated 12.9.2014 (Annexure-6) on passing of a reasoned order dated 3.4.2013 by the Sub-Divisional Officer, Chatra rejecting the petitioner's request for grant of a PDS license on the ground that 5 th PDS shop cannot be allowed as per the norms since the required population of 1000 is not fulfilled. Petitioner again approached this Court in W.P.C. No.5261 of 2014 challenging the said order. However at the outset, on the objection taken by the Respondent State due to availability of appeal, the writ petition was disposed of giving liberty to the petitioner to approach the Appellate Authority within a period of 4 weeks. It was further observed that appeal if filed would be decided on its own merit without being influenced by the dismissal of the writ petition. Petitioner now has approached this Court to direct the Deputy Commissioner, Chatra to decide the appeal within a time
frame. Annexure-7 is said to be the appeal preferred on 10.10.2014 even before W.P.C No. 5261 of 2014 was decided. This fact according to learned counsel for the petitioner could not be brought to the notice of the Court when the writ petition was heard. However, it is prayed that if the appeal is filed and pending before Respondent no.2, Deputy Commissioner, Chatra, he should be directed to decide it within a time frame.
Learned counsel for the Respondent has also referred to the aforesaid fact and submitted that writ petitioner herself is not diligent in complying with the observation of this Court in W.P.C. No. 5261 of
2014.
Be that as it may, if the petitioner has preferred an appeal before the Respondent no.2 against the order dated 3.4.2013 passed by the Sub-Divisional Officer, Chatra, the same be considered on its own merit in accordance with law and as per the observation made in W.P.C. No. 5261 of 2014 within a reasonable time of 12 weeks from the date of receipt of the copy of this order.
The writ petition is disposed of accordingly.