Md. Farman v. The State Of Bihar And ORS

Patna High Court CWJC No.99 of 2017 dt.05-01-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.99 of 2017 =========================================================== Md. Farman Son of late Md. Mastulli, Resident of Village- Jogni, Post OfficeMirzapur, Police Station- Shambhuganj, District- Banka. .... .... Petitioner

Versus

1. The State of Bihar.

2. The Secretary, Department of Food & Consumer Protection, Government of Bihar, Patna.

3. The Districtr Magistrate-Cum-Collector, Banka.

4. The District Supply Officer, Banka.

5. The Assistant District Supply Officer, Banka.

6. The Sub -Divisional Officer, Banka.

7. The Inspector, Weight and Measure, Banka.

8. The Block Supply Officer, Shambhuganj, District- Banka. .... .... Respondents =========================================================== Appearance :

For the Petitioner : Mr. Md. Nurul Hoda, Advocate. For the Respondents : Mr. S.Raza Ahmad, AAG-5 =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 05-01-2018 Heard learned counsel for the petitioner and learned counsel for the respondents.

2. The present writ petition has been filed for setting aside the order as contained in Memo No. 1614 Supp./Banka dated 16.11.2016 issued under the signature of the Sub-Divisional Officer, Banka by which he cancelled the licence of the Public Distribution System (P.D.S.) shop of the petitioner bearing Licence NO. 38/2012 (wrongly mentioned as Licence No. 47/2016) with immediate effect, as well as to direct the respondent to restore the licence forthwith.

3. At the very outset, learned counsel for the petitioner

Patna High Court CWJC No.99 of 2017 dt.05-01-2018 fairly accepts that remedy by way of statutory appeal is available against the impugned order.

4. In the above view of the matter, this Court is not inclined to enter into the merits of the matter. The writ petition stands disposed of granting liberty to the petitioner to prefer an appeal before the appropriate authority for disposal 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.

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

Uploading Date 06.01.2018 Transmission Date N.A.