IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.1361 of 2011 In Civil Writ Jurisdiction Case No. 8460 of 2010 With Interlocutory Application No. 6630 of 2011 In Letters Patent Appeal No. 1361 of 2011 ====================================================== Awadhesh Kumar Chaudhary, S/o Late Mishri Lal Chaudhary, Resident of Village-Maidapur, P.O.-Surfuddinpur, P.S.-Bochaha, District-Muzaffarpur. .... .... Petitioner/Appellant Versus 1. The State of Bihar . 2. The Registrar, Co-operative Societies, Bihar, Patna. 3. The Collector, Muzaffarpur. 4. The Sub-Divisional Officer, East Muzaffarpur. 5. The Assistant Registrar, Co-operative Societies, Eastern Division, Muzaffarpur. 6. Sri Luxami Rai, the Chairman, Primary Agricultural Credit Co-operative Society Limited bearing Registration No. 123/2008, Village-Maidapur, P.O.-Surfuddinpur, Block+ P.S.-Bochaha, District-Muzaffarpur. .... .... Respondents/Respondents ====================================================== Appearance : For the Appellant/s : Mr. Kailash Nath Diwakar, Advocate. For the Respondent/s : Mr. Ravindra Kr Choubey, SC 8 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 2 22-09-2011 Feeling aggrieved by the order dated 17th March 2011 made by the learned single Judge in above CWJC No. 8460 of 2010, the writ petitioner has preferred the present Appeal under Clause 10 of the Letters Patent, 105 days beyond the period of limitation. In the writ petition, the petitioner challenged the action of the Assistant Registrar, Co-operative Societies, Muzaffarpur issued in the name of one Luxami Rai, respondent no. 6, in respect of the Fair Price Shop at village Maidapur. Patna High Court LPA No.1361 of 2011 (2) dt.22-09-2011 2 / 2 2 On perusal of the record, it appears that the licence to run the Fair Price Shop under the Public Distribution System was granted in favour of the Primary Agricultural Credit Co-operative Societies, Muzaffarpur (hereinafter referred to as ‘the Society’). Instead of the Society running the Fair Price Shop, it was found that the Fair Price Shop was being run by the present appellant, not authorised under the licence. The Assistant Registrar, therefore, under the impugned order directed that the licence be issued in favour of Sri Luxami Rai, the President of the Society. Feeling aggrieved, the appellant preferred the above CWJC No. 8460 of 2010. The learned single Judge has rejected the petition. We agree with the learned single Judge. The Appeal is devoid of any merit. Besides, the appellant has not satisfactorily explained the delay. Though he states that he was ill at the relevant time. No supporting material has been produced before us. In absence of satisfactory cause, Interlocutory Application No. 6630 of 2011 is rejected. Consequently, the Appeal stands dismissed. Sujit/- (R.M. Doshit, CJ) (Birendra Prasad Verma, J)