Ramchandra Sahni v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18921 of 2016 =========================================================== Ramchandra Sahni, S/o Late Bhola Sahni, Resident of village - Gorigama, P.S. Mahnar, District - Vaishali .... .... Petitioner

Versus

1. The State of Bihar through Secretary, Food & Civil Supply Department, Old Secretariat, Patna

2. The Sub Divisional Officer, Mahnar, Vaishali

3. The Block Supply Officer, Mahnar, Vaishali .... .... Respondents =========================================================== Appearance :

For the Petitioner : Mr. Dhananjaya Nath Tiwari, Advocate For the Respondents : Mr. S. Raza Ahmad-AAG5 Mr. Alok Ranjan, AC to AAG 5 =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 08-02-2018 Heard learned counsel for the petitioner as well as learned counsel for the respondents.

2. The present writ petition has been filed challenging the order dated 14.12.2015 contained in Memo No. 142 passed by S.D.O. Mahnar whereby and whereunder the P.D.S. licence granted to the petitioner was cancelled.

3. Learned counsel for the petitioner fairly accepts that the remedy by way of appeal against the impugned order is available which has not been availed of.

4. In view of availability of the alternative remedy as above, this Court is not inclined to interfere in the matter. The writ petition stands disposed of with liberty to the petitioner to file statutory appeal

Patna High Court CWJC No.18921 of 2016 dt.08-02-2018 2/2 before the appropriate authority in accordance with law.

5. 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.

B.T/Chandran (Vikash Jain, J) AFR/NAFR NAFR CAV DATE N.A.

Uploading Date 13.02.2018 Transmission Date N.A.