Yugeshwar Ram v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11912 of 2017 ====================================================== Yugeshwar Ram, son of Sri Kapileshwar Ram, Resident of Village Lohna South, Block Jhanjharpur, P.S. Bhairab Asthan, District Madhubani. .... .... Petitioner

Versus

1. The State of Bihar through the Principal Secretary-cum-Commissioner, Department of Food and Consumer Protection, Government of Bihar, Patna.

2. The District Magistrate-cum-Collector, Madhubani.

3. The Sub-Divisional Officer-cum-Licensing Authority, Jhanjharpur, District Madhubani.

4. The Block Supply Officer, Jhanjharpur.

.... .... Respondents ====================================================== Appearance :

For the Petitioner/s : Mr. Arjun Kumar, Adv. For the Respondent/s : Mr. Sanjay Kr. Giri, GP-9 ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 13-10-2017 Heard learned counsel for the petitioner and learned counsel for the State.

In this case, the petitioner is challenging the memo no.450 dated 28.07.2017 passed by the Sub-Divisional Officer, Jhanjharpur, District- Madhubani, whereby and where-under the P.D.S. licence of the petitioner has been cancelled. It appears that the petitioner instead of exhausting the alternative remedy has directly approached this Court as there is provision of appeal against the order of the Sub-Divisional Officer.

In such view of the matter, let the petitioner exhaust

Patna High Court CWJC No.11912 of 2017 (2) dt.13-10-2017 2/2 the alternative remedy of appeal before the appellate authority. If the petitioner files an appeal before the appellate authority within a period of four weeks from today, the appellate authority shall decide the same within a period of three months from the date of filing of such appeal.

With the aforesaid observations and directions, this writ application is disposed of.

(Shivaji Pandey, J) pawan/- U