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Patna High CourtCWJC/5400/2023disposed

Ramdev Mandal v. The State Of Bihar

2023-05-17Mr. Justice P. B. Bajanthri2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5400 of 2023 ====================================================== Ramdev Mandal Son of Jaldhari Mandal Resident of Village- Madhurapur, P.S.- Bajpati, District- Sitamarhi.

... ... Petitioner/s

Versus

1.

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

2.

The District Officer- cum- District Magistrate, Sitamarhi. 3.

The Sub-Divisional Officer, Pupri, District- Sitamarhi. 4.

The Block Supply Officer, Bajpatti, District- Sitamarhi. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Amrit Abhijat, Advocate For the Respondent/s :

Mr.Arvind Ujjwal ( SC 4 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI ORAL ORDER 17-05-2023 Heard learned counsel for the respective parties.

2. In the instant petition, petitioner has prayed for the following reliefs:- "(i) To issue a writ in the nature of certiorari setting aside the order dated 19.12.2022 passed in Supply Appeal Case No. 06/2022 passed by Respondent No. 2 the District Officer-cum-District Magistrate, Sitamarhi, affirming the order contained in Memo No. 30 dated 18.01.2020 passed by the Respondent No. 3, the SubDivisional Officer, Pupri, Sitamarhi by which PDS dealership license of petitioner was cancelled. (ii) To issue a writ in the nature of certiorari,setting aside the order contained in Memo No. 30 dated 18.01.2020 passed by the Respondent No. 3 the SubDivisional Officer, Pupri, Sitamarhi by

Patna High Court CWJC No.5400 of 2023(3) dt.17-05-2023 2/2 which PDS dealership license of the petitioner bearing licese No. 16/1998 granted under the provision of PDS Order, 2001 ford carrying on business of Fair Price Shop, has illegally been cancelled.

(iii) To issue a writ in the nature of mandamus, commanding and directing the Respondent authority to restore the PDS lincese of the petitioner forthwith which is only source of livelihood of the petitioner. (iv) Any other relief/ reliefs which this Hon'ble Court may deem fit and proper in the facts and circumstances of this case."

3. The petitioner has remedy of filing revision under provision 32(vi) of Bihar Targeted Public Distribution System Control Order, 2016. He is at liberty to file revision before the revisional authority. The revisional authority is hereby directed to decide revision petition within a period of four months from the date of receipt of filing of revision petition.

4. With the aforesaid observations, the present writ petition stands disposed of.

(P. B. Bajanthri, J) Vikash/- U