Rajkishor Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4667 of 2024 ====================================================== Rajkishor Prasad, Male, aged about 47 years, son of Late Ramayan Prasad, Resident of Village-Ladhi Sarai, P.S.-Goriakothi, District-Siwan. ... ... Petitioner/s

Versus

1.

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

The District Magistrate, District-Siwan.

3.

The Sub Divisional Officer, Maharajganj, District-Siwan. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Kumar Gaurav, Advocate.

For the Respondent/s :

Mr. Ajay Behari Sinha, GA-8 with Mr. Upendra Kumar Singh, AC to GA-8.

====================================================== CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY ORAL ORDER 17-05-2024 Heard learned counsel for the parties.

2. The present Writ Petition has been filled for the following reliefs:- (i) ...... for issuance of an appropriate writ, order and direction for (i) quashing and setting aside order passed by the Sub Divisional Officer Maharajganj vide Memo No.348 dated 21/09/2007 whereby and where under license of the petitioner's P.D.S shop bearing License No. 1/2001 has early been suspended and subsequent to that license and agreement of the petitioner has been cancelled and further may kindly be directed to the licensing authority to restore the petitioner's license and consumers of the petitioner's shop like before and to make the allotment for the same as before.(ii) for quashing and setting aside order dated 12.06.2023 passed by collector cum District Magistrate, Siwan in PDR License Appeal Case No. 79/2023 by which learned collector has

Patna High Court CWJC No.4667 of 2024(2) dt.17-05-2024 2/2 rejected the Appeal only on the ground of continued absence on scheduled dates."

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.

4. It is needless to mention that before any order 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 shall be communicated to all the parties.

5. With the above directions, the present Writ petition stands disposed of to the extent indicated.

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