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Patna High CourtCWJC/7054/2018disposed

Yadunandan Bhagat v. The State Of Bihar And ORS

2018-07-05Mr. Justice Vikash Jain2 pages

Patna High Court CWJC No.7054 of 2018 dt.05-07-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7054 of 2018 =========================================================== Yadunandan Bhagat, Son of Late Munshi Bhagat, Resident of Village- Gamraha, Police Station- Mahesi, District- Saharsa.

.... .... Petitioner

Versus

1. The State of Bihar through the Principal Secretary, Food and Civil Supplies, Govt. of Bihar, Patna.

2. The Commissioner, Koshi Division, Saharsa.

3. The District Magistrate, Saharsa.

4. The Sub-Divisional Officer, Sadar, Saharsa.

5. The Block Supply Officer, Mahesi Block, District- Saharsa. .... .... Respondents =========================================================== Appearance :

For the Petitioner : Mr. Sanjeev Kumar, Advocate. For the Respondents : Mr. Alok Ranjan, AC to AAG-5 =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 05-07-2018 Heard learned counsel for the petitioner and learned counsel for the respondents.

2. The preset writ petition has been filed for the following reliefs - "I. For issuance of a writ in the nature of certiorari for quashing the office order as contained in Letter No. 460 dated 22.03.2012 passed by the respondent no. 4 (Annexure-3) whereby the said respondent cancelled the P.D.S. licence of the petitioner on improper grounds and in violation of principles of natural justice.

II. For quashing of order dated 20.10.2014 passed in Supply Appeal No. 121 of 2012-13 by the respondent no. 3 (Annexure-4) whereby the said respondent dismissed the appeal of the petitioner without any valid reason.

Patna High Court CWJC No.7054 of 2018 dt.05-07-2018 III. For direction/directions to the respondents to restore the P.D.S. licence of the petitioner as the same has been cancelled by them arbitrarily.

IV. For any other relief/reliefs to which the petitioner may be entitled to in the facts and circumstances of the case."

3. At the very outset, this Court takes note that the petitioner has already preferred a supply revision vide Supply Revision No. 35/2015 on 31.01.2015 which is pending.

4. Having regard to the above, this Court is of the view that the ends of justice will be met if the Revisional Commissioner Koshi Division, Saharsa (respondent no. 2) is directed to consider and dispose of the Supply Revision No. 35/2015 dated 31.01.2015, if still pending, after grant of an opportunity of hearing to the petitioner in accordance with law expeditiously and in any event preferably within a period of eight weeks from the date of receipt/production of a copy of this judgment.

(Vikash Jain, J) Md. Ibrarul/BT AFR/NAFR NAFR CAV DATE N.A.

Uploading Date 09.07.2018 Transmission Date N.A.