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Patna High CourtCWJC/12592/2017disposed

Rajendra Paswan v. The State Of Bihar And ORS

2018-06-26Mr. Justice Vikash Jain2 pages

Patna High Court CWJC No.12592 of 2017 dt.26-06-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12592 of 2017 =========================================================== Rajendra Paswan S/o Gariban Paswan Resident of Village- Rajpur, P.S. Paraiya, District- Gaya.

.... .... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary, Food & Consumer Protection Affairs, Govt. of Bihar, New Secretariat, Patna.

2. The Divisional Commissioner, Magadh Division, Gaya.

3. The District Magistrate, Gaya.

4. The Sub Divisional Officer, Tekari, Gaya.

5. The District Supply Officer, Gaya.

6. The Additional District Supply Officer, Gaya.

7. The Block Supply Officer, Paraiya, Gaya.

.... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Sudhir Kumar Sinha, Adv For the Respondent/s : Mr. ARVIND UJJAWAL - SC4 =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 26-06-2018 The present writ petition has been filed for quashing the order dated 28.12.2015 contained in memo no. 334 passed by the Sub Divisional Officer, Tekari whereby the PDS dealership of the petitioner, bearing Licence No. 06 of 1994 has been cancelled.

2. At the very outset, learned counsel for the petitioner fairly accepts that the remedy by way of appeal before the District Magistrate is available to the petitioner against the impugned order which has not been availed of by the petitioner.

3. In view of availability of the alternative remedy as above,

Patna High Court CWJC No.12592 of 2017 dt.26-06-2018 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 District Magistrate 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) Chandran/BT AFR/NAFR NAFR CAV DATE NA Uploading Date 27.06.2018 Transmission Date NA