Bhagwat Mandal @ Bhagayat Pal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7787 of 2023 ====================================================== Bhagwat Mandal @ Bhagayat Pal S/o Fochan Mandal R/o Village Mohammadganj, Shankarpatti, P.S. Chhatapur, District- Supaul. ... ... Petitioner/s

Versus

1.

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

2.

The Commissioner, Koshi Division, Saharsa.

3.

The District Magistrate, Supaul.

4.

The Sub Divisional Officer- cum- Licensing Authority, District- Supaul. 5.

The Block Supply Officer, Chhatapur, District- Supaul. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Jitendra Kumar Giri For the Respondent/s :

Mr. Arvind Ujjwal (Sc4) ====================================================== CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY ORAL ORDER 29-11-2023 Heard the learned counsels for the parties.

The present writ petition has been filed for the following relief(s):- "That this is the writ petition being filed before this Hon'ble High Court on behalf of the aforesaid petitioner for issuance of a writ in the nature of 'certiorari whereby and whereunder setting aside the order dated 17.07.2016, passed by Ld. Collector District Supaul in Supply Appeal Case No.

43/2012, whereby and whereunder appeal filed by the petitioner against order dated 18.05.2012 containing in Memo No. 244-2, passed by Ld. Sub Divisional Officer, Triveniganj, District- Supaul, has been dismissed with reference to the PDS license no.

19/1985 without issuance of show

Patna High Court CWJC No.7787 of 2023(4) dt.29-11-2023 2/2 cause and without affording the opportunity of hearing of the petitioner hereinabove by the competent authority prescribed in that behalf."

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 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