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Patna High CourtCWJC/19249/2016dismissed

Shiv Narayan Singh v. The State Of Bihar And ORS

2025-03-03Justice Smt. G. Anupama Chakravarthy3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19249 of 2016 ====================================================== Shiv Narayan Singh, Son of Late Laxmi Narayan Singh, Resident of VillageBalahpur, P.S.- Matihani, District- Begusarai. ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

The Collector, Begusarai.

3.

The Sub-Divisional Officer-cum-District Supply Officer, Begusarai. 4.

The Block Supply Officer, Matihani, Dist- Begusarai. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Surendra Kishore Thakur, Adv.

For the Respondent/s :

Smt. Namrata Mishra- GA6 ====================================================== CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY ORAL ORDER 03-03-2025

1. The Writ petition is filed to quash the order contained in Memo No. 607 dated 07.11.2011, issued by the Sub-Divisional Officer, Begusarai, whereby the Public Distribution System License of the petitioner was cancelled, despite the absence of any written complaint against him. It has also been filed for quashing the order dated 05.05.2013, passed by the Collector, Begusarai, in PDS Appeal Case No. 109 of 2011, wherein the District Magistrate dismissed the said appeal, upholding the order of the Sub-Divisional Officer, Begusarai.

2. Heard the Learned counsel for the

Patna High Court CWJC No.19249 of 2016(8) dt.03-03-2025 2/3 petitioner and the Learned counsel for the respondents.

3. It is the specific contention of the Learned counsel for the respondent that against the order of the appeal, the petitioner has the remedy of filing revision before the Divisional Commissioner, as per Order 32(vi) of the Bihar Targeted PDS (Control) Order 2016. The petitioner, without availing this remedy, has directly filed the Writ petition rendering the contents of the Writ petition, not maintainable.

4. This Court has noticed that the appeal of the petitioner was disposed of on 05.05.2013, and the Writ petition was filed in the year 2016, three years after the order passed by the Appellate Authority. Furthermore, the license of the petitioner was cancelled on 07.11.2011. The Writ petition is filed at a very belated stage, three years after the order of the Appellate Authority. As per Order 32(vi), the revision must be filed within sixty days of the disposal of the appeal, and the revision must be decided within two months. No

Patna High Court CWJC No.19249 of 2016(8) dt.03-03-2025 3/3 reasoning has been provided as to why the Writ petition has been filed at such a delayed stage, especially, when the Writ petition challenges the show cause notice dated 29.11.2011, filed in the year 2016.

5. In view of the above, this Court finds no merit in the Writ petition as the petitioner has approached this Court instead of availing the alternative remedies. Therefore, this Court cannot interfere with the order of respondent authority.

6. Accordingly, the Writ petition is dismissed as it is devoid of merits.

(G. Anupama Chakravarthy, J) Amandeep/- U