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Patna High CourtCWJC/5709/2023disposed

Umesh Khirahari v. The State Of Bihar

2023-04-28Mr. Justice P. B. Bajanthri2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5709 of 2023 ====================================================== Umesh Khirahari, aged about 82 years, male, Son of Late Dhanna Khirahari, Resident of Village-Khajuri, P.O.-Ramchua, P.S.-Shambhuganj, DistrictBanka. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Food and Civil Supplies Department, Government of Bihar, Patna.

2.

The Divisional Commisioner, Bhagalpur Division, Bhagalpur. 3.

The District Magistrate, Banka.

4.

The District Supply Officer, Banka.

5.

The Sub-Divisional Officer, Banka.

6.

The Block Supply Officer, Shambhuganj, District-Banka. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Pramod Mishra, Advocate For the Respondent/s :

Mr. U.P. Singh, AC to SC 4 ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI ORAL JUDGMENT Date : 28-04-2023 Heard learned counsels for the respective parties.

2. In the instant petition, petitioner has prayed for the following relief/reliefs:

"i) To issue a writ in nature of certiorari setting aside the order dated 31.12.2022 contained in Memo No. 1097 issued by the Sub-Divisional Officer, Banka by which he was pleased to cancel the P.D.S. dealership license No. 23/2012 of the petitioner with immediate effect.

ii) To issue a writ in the nature of mandamus commanding/directing the Respondents to restore the P.D.S. dealership license of petitioner.

Patna High Court CWJC No.5709 of 2023 dt.28-04-2023 2/2 iii) And/or for any other relief or reliefs for which petitioner is found entitled to, in the facts and circumstances this case."

3. Admittedly, petitioner has not exhausted remedy of appeal before the appellate authority, therefore, the present petition is premature.

4. Accordingly, writ petition stands disposed of reserving liberty to the petitioner to invoke remedy of appeal before the appellate authority. In the event of filing of such appeal, appellate authority is hereby directed to decide the petitioner's appeal within a reasonable period of time.

(P. B. Bajanthri, J) GAURAV S./- AFR/NAFR NAFR CAV DATE NA Uploading Date 28.04.2023 Transmission Date NA