IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3939 of 2004 RAMDEO JHA, SON OF LATE GULAB JHA, RESIDENT OF VILLAGE- THALWARA, POLICE STATION ASHOK PAPER MILL, DISTRICT DARBHANGA --- PETITIONER. Versus 1. THE STATE OF BIHAR. 2. THE DISTRICT COLLECTOR, DARBHANGA. 3. THE DISTRICT WELFARE OFFICER, DARBHANGA. 4. THE DEPUTY COLLECTOR, DISTRICT LEGAL SECTION, DARBHANGA. 5. THE EXECUTIVE MAGISTRATE, SADAR, DARBHANGA – RESPONDENTS. ----------- 2/ 01-03-2011 Heard the parties. 2. The petitioner has filed the present writ petition with a prayer for quashing the order dated 29.01.2003 issued under the signature of Incharge Deputy Collector, District Legal Section, Darbhanga, whereby the licence granted to the petitioner for vending stamps has been suspended in the light of the order dated 27.01.2003 issued by the respondent- District Collector. The petitioner has also prayed for consequential reliefs as indicated in paragraph-1 of the writ petition. 3. Learned counsel for the petitioner submits that in compliance of the aforesaid order dated 29.01.2003, the petitioner has submitted his show cause on 03.02.2003, vide Annexure-2, denying the allegations made against him. A prayer has also been made that the order of suspension may be revoked. It is also submitted that despite filing of show cause by the petitioner, no final order has been passed either for revocation of suspension 2 of the licence of the petitioner or for cancellation of the licence and instead a criminal case under sections 420 and 379 of the Indian Penal Code was lodged against him, vide F.I.R., contained in Annexure-3. It is also submitted that the since criminal prosecution launched against the petitioner has been quashed by a Bench of this Court, therefore, the respondent-authorities are obliged to pass final order regarding vending licence of the petitioner. 4. Learned counsel for the respondents submits that petitioner may be directed to appear with a representation for redressal of his valid grievances before respondent no.4- District Collector, who is competent to consider his claim and pass a final order in this matter. 5. After having heard the parties and in absence of any order available on record regarding passing of final order by the competent authority regarding the cancellation of vending licence of the petitioner, this Court is of the considered opinion that no useful purpose will be served by keeping the matter pending before this Court any longer. If the licence of the petitioner was suspended by order dated 29.01.2003 (Annexure-1), the matter is required to be taken to its logical conclusion. The competent authority is under legal obligation to pass a final order either for cancellation of licence of the petitioner after rejecting his show cause or is obliged to revoke the 3 order of suspension by accepting his show cause, but in no case the matter can be allowed to remain pending for such a long time. 6. For the reasons recorded above, the petitioner is hereby directed to appear before respondent- District Collector, Darbhanga within a period of four weeks from today with a detailed representation along with a certified copy of the present order raising his grievance against the order, contained in Annexure-1. If such a representation is filed within the time prescribed by this Court, the respondent- District Collector shall be obliged to dispose of the same in accordance with law after giving an opportunity of hearing to the petitioner and all other concerned persons, by speaking order within a period of three months from the date of filing of such representation. 7. It goes without saying that if no such representation along with a certified copy of the present order is filed by the petitioner within the time prescribed by this Court, then it shall be construed that the present writ petition has finally been rejected by this Court. 8. With the aforesaid observations/directions, the writ petition stands disposed of. No costs. BTiwary/ ( Birendra Prasad Verma, J.)