Vijay Kumar Sharraf v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5799 of 2025 ====================================================== Vijay Kumar Sharraf, S/o Late Ganga Prasad, resident of Village-Sugauli Bajar, P.S.-Sugauli, District-East Champaran. ... ... Petitioner/s

Versus

1.

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

The Collector cum District Magistrate, East Champaran at Motihari. 3.

The District Supply Officer, East Champaran at Motihari. 4.

The Asst. District Supply Officer Sadar, East Champaran at Motihari. 5.

The Sub Divisional Officer, Sadar, East Champaran at Motihari. 6.

The Block Development Officer, Sadar, East Champaran at Motihari. 7.

The Block Supply Officer, Sadar, East Champaran at Motihari. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sangeet Deokuliar, Advocate.

For the Respondent/s :

Mr. Md. Harun Quareshi, AC to SC-11.

====================================================== CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY ORAL ORDER 11-07-2025 Heard learned counsel for the parties.

2. The present Writ Petition has been filled for the following reliefs:- "For setting aside the order dated 31.01.2025 passed by the SubDivisional Officer, Sadar, Motihari, East Champaran at Motihari, contained in Memo No. 362 in irregularity Recorded (Aniyamitta Abhilekh Sankhya) No. 33 of 2023 leading to the cancellation of the license with regard to Fair Distribution Shop of the petitioner in the following facts and circumstances of the case (A copy of the order dated 31.01.2025 is

Patna High Court CWJC No.5799 of 2025(2) dt.11-07-2025 2/3 annexed herewith & marked as Annexure P/1 to this petition.)."

3. Even though the learned counsel appearing on behalf of the petitioner has argued at length on merits of the case, this Court is not inclined to entertain the present writ petition, having regard to the facts that the petitioner has an alternative and efficacious remedy of preferring a statutory appeal before the Collector-cum-District Magistrate, East Champaran at Motihari, under Clause 32(3) of the Bihar Targeted Public Distribution System (Control) Order, 2016. The present writ petition is disposed of directing the petitioner to approach the Collector-cum-District Magistrate, East Champaran at Motihari (Respondent No. 2) by way of appeal within a period of two weeks from today. On such appeal being filed, the Collector-cum-District Magistrate, East Champaran at Motihari (Respondent No. 2) shall consider the same on merits and pass a reasoned orders in accordance with law.

4. It is needless to mention that before passing any order, the authorities concerned shall give an opportunity of hearing to the petitioner. The entire exercise shall be completed as expeditiously as possible preferably within a period of eight weeks from the date of filing of the appeal by the petitioner. Any order passed shall be communicated to the parties.

Patna High Court CWJC No.5799 of 2025(2) dt.11-07-2025 3/3

5. With the above directions, the present writ petition stands disposed of.

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