Chandan Kumar Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4883 of 2024 ====================================================== Chandan Kumar Paswan Son of Sikandar Paswan Resident of Village- Baji Buzurg, P.S. and P.O.- Sundarpur, District- Muzaffarpur, Bihar- 843102. ... ... Petitioner/s

Versus

1.

The State of Bihar through Principal Secretary, Department of Food and Consumer Protection, Government of Bihar, Patna. 2.

The Court of Commissioner, Tirhut Division, Muzaffarpur cum Revisional Authority, Muzaffarpur 3.

The Collector cum Appellate Authority, Muzaffarpur. 4.

The Sub-Divisional Officer cum Licensing Officer, Muzaffarpur East, Muzaffarpur.

5.

The Block Supply Officer, Gaighat, Muzaffarpur East, Muzaffarpur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Anand Kumar Ojha, Adv.

For the Respondent/s :

Mr. Ramadhan Singh, Government Pleader 25 ====================================================== CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY ORAL ORDER 03-09-2024 Though the counsel for the petitioner has argued at length on the merits of the case and prayed for setting aside the orders passed by the three authorities i.e., revisional authority, the appellate authority and the Sub-Divisional Officer who has passed the order of cancellation, this Court is not inclined to entertain the present CWJC as the petitioner has an alternative and effective remedy of filing a representation before the Principal Secretary, under Rule 32 (vii) of the Bihar Targeted Public Distribution System (Control) Order, 2016 against the impugned orders. Therefore, without going into the merits or demerits of the case, the present writ petition is disposed of

Patna High Court CWJC No.4883 of 2024(7) dt.03-09-2024 2/2 granting liberty to the petitioner to file a representation before the Principal Secretary challenging the order of the Revisional/Appellate Authority and order of cancellation withing a period of four weeks from today. On such representation being made, the Principal Secretary shall pass a reasoned order dealing with all the contentions raised by the petitioner strictly in accordance with law.

2. It is needless to mention that before passing any order the petitioner shall be put on notice and given an opportunity of hearing. The entire exercise shall be completed within a period of twelve weeks from the date of receipt of the representation. Any order passed shall be communicated to the party.

3. With the above observations, the present writ petition stands disposed of.

(A. Abhishek Reddy, J) Ayush/- U