Patna High CourtCWJC/7327/2014disposed

Raj Kishore Prasad v. The State Of Bihar And ORS

2018-07-10Mr. Justice Vikash Jain2 pages

Patna High Court CWJC No.7327 of 2014 dt.10-07-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7327 of 2014 =========================================================== Raj Kishore Prasad Son of Sri Ram Sagar Sah resident of Mohalla - Golabandh, Real Licchi Gatchhi, P.S. Town, District - Muzaffarpur .... .... Petitioner/s

Versus

1. The State of Bihar

2. The Secretary Department of Food & Civil Supply, Govt. of Bihar, Patna

3. The Collector, Muzaffarpur

4. The Sub-Divisional Officer, East Muzaffarpur

5. The District Supply Officer, Muzaffarpur.

6. The Circle Officer, Minapur, Muzaffarpur.

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

For the Petitioner/s : Mr. N.K.Agrawal, Sr. Adv Mr. Dhananjaya Nath Tiwari, Adv For the Respondent/s : Mr. SC-9 RAJ NANDAN PRASAD =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 10-07-2018 The present writ petition has been filed for quashing the order dated 25.07.2012 passed by the Sub Divisional Officer, East, Muzaffarpur as also the appellate order 12.04.2013 passed by the Collector-cum-District Magistrate, Muzaffarpur in Case No. 12 PDS/2012-13 whereby the PDS dealership of the petitioner, bearing Licence No. 35 T.W.H.01/2008 has been cancelled.

2. At the very outset, this Court takes note that remedy by way of revision before the Divisional Commissioner is available to the petitioner against the impugned order passed in 12 PDS/2012-13 which has not been availed of by the petitioner.

Patna High Court CWJC No.7327 of 2014 dt.10-07-2018

3. In view of availability of the alternative remedy as above, this Court is not inclined to interfere in the matter. The writ petition stands dismissed with liberty to the petitioner to file a revision petition before the Divisional Commissioner for redressal of his grievances.

4. It is made clear that in case such a revision petition 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 AFR/NAFR NAFR CAV DATE NA Uploading Date 14.07.2018 Transmission Date NA