Md. Sayeed Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1923 of 2024 ====================================================== Md. Sayeed Khan Son of Shah Mohammad Khan Resident of VillageSangrampur, P.O.- Laugain, P.S.- Amarpur, Laugain Sahkund, Banka, Bihar 813108 ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Food and Consumer Protection, Government of Bihar, Patna.

2.

The Divisional Commissioner, Bhagalpur Division 3.

The District Magistrate Banka.

4.

The Sub Divisional Officer Banka.

5.

The Block Supply Officer, Banka.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Manini Jaiswal, Adv.

For the Respondent/s :

Mr. Government Pleader 22 For the State :

Mr. K.K. Singh, AC to GP22 ====================================================== CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY ORAL ORDER 29-07-2024 Without going into the merits or demerits of the case, having regard to the fact that the petitioner has an alternative and effective remedy of filing a representation before the Principal Secretary, under Rule 32 (vii) of the Bihar Targeted Public Distribution System (Control) Order, 2016 against the impugned order. The present writ petition is disposed off granting liberty to the petitioner to file a representation before the Principal Secretary challenging the order of the Revisional/Appellate Authority and order of cancellation withing a period of twelve weeks from today. On such representation being made, the Principal Secretary shall pass

Patna High Court CWJC No.1923 of 2024(5) dt.29-07-2024 2/2 necessary orders strictly in accordance with law.

2. It is needless to mention that before passing any order the petitioner shall be put on notice and given an opportunity of hearing. In case the petitioner files any document to substantiate that the complainants have not given the complaint as alleged in the show cause notice, the same shall be taken into consideration before passing any order. The entire exercise shall be completed within a period of twelve weeks from the date of receipt of the representation. Any order passed shall be communicated to the party.

3. With the above observations, the present writ petition stands disposed off.

(A. Abhishek Reddy , J) Gauravkr/- U