Patna High CourtCWJC/13801/2017dismissed

Shiv Ratan Prasad v. The State Of Bihar And ORS

2018-04-10Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13801 of 2017 =========================================================== Shiv Ratan Prasad, Son of Ramdeo Prasad, resident of Village - Kohra, P.S. - Makhdumpur, District - Jehanabad.

.... .... Petitioner

Versus

1. The State of Bihar through the Principal Secretary, Food & Civil Supply Department, Government of Bihar, Patna.

2. The Collector, District Jehanabad.

3. The District Supply Officer, District - Jehanabad.

4. The Sub Divisional Officer, Sub Division Jehanabad.

5. The Block Supply Officer, Block - Makhdumpur, District - Jehanabad. .... .... Respondents =========================================================== Appearance :

For the Petitioner : Mr. Arvind Prasad Singh, Advocate For the Respondents : Mr. Alok Ranjan, AC to AAG5 =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 10-04-2018 The present writ petition has been filed for quashing the order dated 21.07.2017 passed by the Sub-Divisional Officer, Jehanabad whereby and whereunder the licence of Fair Price Shop of the petitioner has been cancelled with immediate effect and for a direction to the respondents to allow the petitioner to run Fair Price Shop.

2. At the very outset, this Court takes note that remedy by way of appeal before the Collector is available to the petitioner against the impugned order dated 21.07.2017 passed by the SubDivisional Officer, Jehanabad, which has not been availed of by the petitioner.

3. In view of availability of the alternative remedy as

Patna High Court CWJC No.13801 of 2017 dt.10-04-2018 2/2 above, this Court is not inclined to interfere in the matter. The writ petition stands dismissed with liberty to the petitioner to file an appeal before the Collector, Jehanabad for redressal of his grievances.

4. It is made clear that in case such an appeal 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) B.T/Chandran AFR/NAFR NAFR CAV DATE N.A.

Uploading Date 19.04.2018 Transmission Date N.A.