Sushil Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2855 of 2019 ====================================================== Sushil Kumar (Male) aged about 28 years son of Late Ram Janam Singh resident of Village - Janakdhari Lal Road (Near Pani Tanki), Police Station + P.O. Danapur, District Patna ... ... Petitioner

Versus

1.

The State of Bihar through the Principal Secretary, Food and Civil Supplies, Old Secretariat, Patna 2.

The District Magistrate, Patna 3.

The Sub-divisional Officer-cum-Licensing Officer, Danapur, Patna 4.

The Assistant District Supply Officer, Danapur, Patna 5.

The Block Supply Officer, Danapur, Patna ... ... Respondents ====================================================== Appearance :

For the Petitioner :

Mr. Mukul Prasad, Advocate For the Respondents :

Mr. Alok Ranjan, AC to AAG 5 ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date : 11-06-2019 This matter has been heard and is being taken up for final disposal at the admission stage itself with consent of the parties.

2. The present writ petition has been filed for quashing the order dated 18.06.2016 as contained in memo no. 670 passed by the Sub-Divisional Officer-cum-Licensing Officer, Danapur, Patna as contained in Annexure-2 and also for quashing the appellate order dated 12.10.2018 passed by the District Magistrate, Patna in E.C. Appeal No. 39 of 2016-17 as contained in Annexure-4; and also for any consequential reliefs.

3. At the very outset, this Court takes note that remedy by way of revision before the Divisional Commissioner is available

Patna High Court CWJC No.2855 of 2019 dt.11-06-2019 2/2 to the petitioner against the impugned order passed in E.C. Appeal No. 39 of 2016-17, which has not been availed of by the petitioner.

4. Learned counsel for the petitioner fairly accepts that remedy by way of revision is available

5. In view of availability of the alternative remedy as above, this Court is not inclined to interfere in the matter. The writ petition stands dismissed with liberty to the petitioner to file a revision petition before the Divisional Commissioner for redressal of his grievances.

6. It is made clear that in case such a revision petition is filed, the concerned authority would have regard to the present proceeding being pursued by the petitioner, while considering any issue relating to condonation of delay, if applicable. (Vikash Jain, J) BT/- AFR/NAFR NAFR CAV DATE N.A.

Uploading Date 16.06.2019 Transmission Date N.A.