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Patna High CourtCWJC/15784/2016disposed

Chunchun Jha v. The State Of Bihar And ORS

2018-07-05Mr. Justice Vikash Jain2 pages

Patna High Court CWJC No.15784 of 2016 dt.05-07-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15784 of 2016 =========================================================== Chunchun Jha son of late Hari Kant Jha resident of Village-Telhara kalan, Police Station-Kundwa Chainpur, District-East Champaran .... .... Petitioner/s

Versus

1. The State of Bihar through its Secretary, Food and Civil Supply, Govt. of Bihar, Patna

2. The District Magistrate, East Champaran, Motihari

3. The Sub-Divisional Officer, Sikarhana, Dhaka, East Champaran, Motihari

4. The District Supply Officer, Sikarhana, Dhaka, East Champaran, Motihari

5. The Assistant District Supply Officer, Sikarhana, Dhaka, East Champaran, Motihari .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Anil Kumar, Adv For the Respondent/s : SMT.NAMRATA MISHRA-GA6 =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 05-07-2018 The present writ petition has been filed for quashing the order dated 05.01.2016 contained in memo no. 6 passed by the Sub Divisional Officer, Sikarhana, Dhaka, East Champaran, whereby the PDS dealership of the petitioner, bearing Licence No. 27/2007-08 has been cancelled.

2. At the very outset, this Court takes note that remedy by way of appeal before the Collector-cum-District Magistrate is available to the petitioner against the impugned order, which has not been availed of by the petitioner.

3. In view of availability of the alternative remedy as above,

Patna High Court CWJC No.15784 of 2016 dt.05-07-2018 this Court is not inclined to interfere in the matter. The writ petition stands dismissed with liberty to the petitioner to file an appeal before the Collector-cum-District Magistrate for redressal of his grievances.

4. It is made clear that in case such an appeal 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 09.07.2018 Transmission Date NA