Sube Saday v. The State Of Bihar And ORS

Patna High Court CWJC No.14679 of 2017 dt.22-02-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14679 of 2017 =========================================================== Sube Saday, Son of Late Janak Saday, Resident of Village-Sundari, Police Station-Bheja, District-Madhubani.

.... .... Petitioner/s

Versus

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

2. The Collector, Madhubani.

3. The Sub Divisional Officer, Jhanjharpur, District-Madhubani. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Sanjay Kumar Jha, Adv For the Respondent/s : Mr. ARBIND UJJAWAL - SC4 =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 22-02-2018 The present writ petition has been filed for the following reliefs :- (i) For setting aside the order dated 24.03.2017 passed by the Collector, Madhubani in Supply Appeal Case No. 64 of 2011-12, whereby the order dated 11.11.2011 of the Sub Divisional Officer, Jhanjharpur cancelling the PDS licence of the petitioner has been affirmed.

(ii) For setting aside the order dated 11.11.2011 of the Sub-Divisional Officer, Jhanjharpur, District Madhubani, whereby the PDS licence no. 50 of 1994 (Old)/ 56 of 2007 (New) of the petitioner has been cancelled.

(iii) For issuance of an appropriate order or direction to the respondent authorities for restoration of the PDS licence in favour of he petitioner.

(iv) For any other relief/reliefs for which the petitioner may be found entitled in the facts and circumstances

Patna High Court CWJC No.14679 of 2017 dt.22-02-2018 of this case.

2. At the very outset, learned counsel for the petitioner fairly accepts that the forum of revision against the impugned appellate order is available to the petitioner which has not been availed of.

3. In the above view of the matter, this Court is not inclined to enter into the merits of this case. The writ petition stands disposed of granting liberty to the petitioner to avail of the forum of revision against the impugned appellate order dated 24.03.2017 passed by the District Magistrate, Madhubani. In case any such revision is filed within a period of three weeks from today, the revisional authority shall consider and dispose of the same on its own merits after grant of opportunity of hearing to the petitioner in accordance with law expeditiously and in any event preferably within a period of three months thereafter. (Vikash Jain, J) Chandran/BT AFR/NAFR NAFR CAV DATE NA Uploading Date 26.02.2018 Transmission Date NA