Haribansh Ray v. The State Of Bihar And ORS
Patna High Court CWJC No.3059 of 2015 dt.07-08-2018
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.3059 of 2015 =========================================================== Haribansh Ray son of Late Chandradeep Ray resident of Village - Daudpur, P.S. Shahpur, Sub-Division- Danapur , District- Patna( Bihar) .... .... Petitioner/s
Versus
1. The State of Bihar through the District Magistrate , Patna
2. The Sub-Divisional Officer , Danapur, Patna
3. The Assistant District Supply Officer , Patna.
4. The Block Development Officer-Cum-Incharge Officer, Block Danapur, Patna. .... .... Respondent/s =========================================================== Appearance :
For the Petitioner/s : Mr. Rajendra Nath Sinha, Adv For the Respondent/s : Mr. UDAY SHANKAR SHARAN SINGH- GP1 =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 07-08-2018 The present writ petition has been filed for quashing the order dated 10.01.2014 passed by the learned District Magistrate, Patna in E.C. Appeal Case No. 55 of 2013-14 whereby the limitation petition filed by the petitioner along with the appeal challenging the order dated 30.08.1996 passed by the Sub Divisional Officer, Danapur, Patna cancelling the P.D.S. Licence bearing No. 1507 of 1989 has been dismissed on the ground of inordinate delay of 17 years, two months and 11 days.
2. At the very outset this Court takes note that the petitioner has alternate statutory remedy against the order passed in appeal, by way of revision before the Commissioner, which has not been availed of by the petitioner.
Patna High Court CWJC No.3059 of 2015 dt.07-08-2018
3. Learned counsel for the petitioner also accepts that remedy by way of revision is available.
4. In the above circumstances, the writ petition stands disposed of with liberty to the petitioner to file appropriate statutory revision against the impugned order passed in appeal.
5. It is made clear that in case such a revision 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 10.08.2018 Transmission Date NA