Amrendra Kumar Singh v. The State Of Bihar And ORS
Patna High Court CWJC No.16020 of 2017 dt.30-03-2018
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.16020 of 2017 =========================================================== Amrendra Kumar Singh, son of Late Sukhdeo Prasad Singh, P.D.S. Dealer, Panchayat Pakaria, P.S. Sambhuganj, District Banka. .... .... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Department of Food and Consumer Protection, Government of Bihar, Patna.
2. The District Magistrate, Banka, District Banka.
3. The Licencing Officer cum Sub Divisional Officer, Banka, District Banka.
4. The Block Supply Officer, Banka and Chandan District Banka. .... .... Respondent/s =========================================================== Appearance :
For the Petitioner/s : Mr. Roshan Kumar Mishra, Adv For the Respondent/s : Mr. S.RAZA AHMAD -AAG5 =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 30-03-2018 The present writ petition has been filed against the order dated 29.01.2013 bearing Memo No. 01 (Pra) passed by the Sub-Divisional Officer, Banka (respondent no. 3) as also the appellate order dated 11.12.2015 passed by the learned Collector, Banka in PDS Appeal No. 224/2012-13, whereby and whereunder the petitioner's P.D.S. Licence bearing No. 74/12 has been cancelled; and for connected reliefs.
2. At the very outset this Court takes note that the petitioner has alternate statutory remedy against the order of cancellation by way of revision before the Commissioner, which has not been availed of by the petitioner.
3. Learned counsel fro the petitioner fairly accepts that remedy by way of revision is available.
Patna High Court CWJC No.16020 of 2017 dt.30-03-2018
4. In the above circumstances, the writ petition stands dismissed with liberty to the petitioner to file appropriate statutory revision against the impugned order of cancellation.
5. It is made clear that in case such a revision 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.
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