Gukriya Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3080 of 2023 ====================================================== Gukriya Kumari Wife of Rakesh Gosai, Resident of Village Basantapatati, Ward No. 01, P.S. Purnahiya, District- Sheohar. ... ... Petitioner/s

Versus

1.

The State of Bihar through Secretary, Food and Consumer Protection Department, Old Secretariat, Patna.

2.

The District Supply Officer cum Secreatry, District Selection Committee, Sheohar.

3.

The Sub-Divisional Officer, Sheohar.

4.

The Block Supply Officer, Sheohar.

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

For the Petitioner/s :

Mr.Mohit Agarwal For the Respondent/s :

Mr.Arvind Ujjwal ( Sc 4 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY ORAL ORDER 06-12-2023 Heard the learned counsels for the parties.

The present writ petition has been filed for the following relief(s):- " a. For quashing of the order dated 22.02.2022 passed in Supply Appeal Case No. 223 of 2018 by the Court of Learned Collector-cum-district administration, Sheohar whereby appeal filed by the Petitioner against the Order of cancellation of her PDS license issued vide Memo No. 494 dated 11.10.2018 was dismissed without considering the ground urged for in the appeal.

b. For direction upon the Respondent to restore the PDS license of the Petitioner bearing license no. 07 of 2015 as

Patna High Court CWJC No.3080 of 2023(10) dt.06-12-2023 2/3 the same has been arbitrarily cancel on a purported complaint filed by some villagers who are not the beneficiaries attached to the Public Distribution Shop of the Petitioner.

c. For direction upon the Respondents not to issue any P.D.S. License to any other person on place of the petitioner till the pendency of the present writ application; and for any other relief/reliefs for which petitioner is entitled for."

3. Without going into the merits or demerits of the case, having regard to the fact that the petitioner is having an alternative and efficacious remedy of filing a revision under Section 32(vi) of the Control Order 2016. The petitioner is directed to approach the Divisional Commissioner ventilating his grievance within a period of four weeks from the date of the receipt of a copy of this order. On receipt of the revision, the Divisional Commissioner shall pass necessary orders strictly in accordance with law within a period of four weeks thereof. It is needless to mention that before any order is passed, all the parties shall be put on notice and given an opportunity of hearing and submit their objections. The entire exercise shall be completed as expeditiously as possible preferably within a period of eight weeks thereof. Any order passed

Patna High Court CWJC No.3080 of 2023(10) dt.06-12-2023 3/3 shall be communicated to all the parties.

4. With the above said directions, the writ petition stand disposed off.

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