Ramdev Sada v. The State Of Bihar And ORS
Patna High Court CWJC No.525 of 2018 dt.30-03-2018
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.525 of 2018 =========================================================== Ramdev Sada, Son of Late Fagu Sada, resident of Village- Rajagara Under Gram Panchayat- Kathdumar, P.S.- Sikri Bakhtiyarpur (O.P. Kanariya), DistrictSaharsa. .... .... Petitioner/s
Versus
1. The State of Bihar through Secretary, Food and Civil Supply Department, Government of Bihar.
2. The District Magistrate Cum Collector, Saharsa.
3. The Sub Divisional Officer, Simri Bakhtiyarpur, District- Saharsa.
4. The Block Supply Officer, Simri Bakhtiyarpur, District- Saharsa. .... .... Respondent/s =========================================================== Appearance :
For the Petitioner/s : Mr. Raja Surendra Mohan, Adv For the Respondent/s : Mr. ARVIND UJJWAL- SC4 =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 30-03-2018 The present writ petition has been filed against the order dated 05.10.2017 bearing Memo No. 1394-2 passed by the Sub-Divisional Officer, Simri Bhakhtiarpur, District Saharsa (respondent no. 3) whereby and whereunder the petitioner's P.D.S. Licence 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 appeal before the Collector, which has not been availed of by the petitioner.
3. Learned counsel fro the petitioner fairly accepts that remedy by way of appeal is available.
4. In the above circumstances, the writ petition stands dismissed with
Patna High Court CWJC No.525 of 2018 dt.30-03-2018 liberty to the petitioner to file appropriate statutory appeal against the impugned order of cancellation.
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.
(Vikash Jain, J) Chandran/BT AFR/NAFR NAFR CAV DATE NA Uploading Date 04.04.2018 Transmission Date NA