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Patna High CourtCWJC/9784/2014disposed

Sujay Kumar Paswan v. The State Of Bihar And ORS

2018-07-17Mr. Justice Vikash Jain2 pages

Patna High Court CWJC No.9784 of 2014 dt.17-07-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9784 of 2014 =========================================================== Sujay Kumar Paswan Son of Hari Paswan Resident of Village Bara Guraru, P.SGuraru, District- Gaya. .... .... Petitioner/s

Versus

1. The State of Bihar

2. The District Magistrate, Gaya.

3. The Sub- Divisional Officer, Tekari, Gaya. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Ashok Kumar Mishra, Adv For the Respondent/s : None =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 17-07-2018 The present writ petition has been filed for quashing the order dated 30.09.2011 bearing Memo No. 178 passed by the Sub-Divisional Officer-cum-Licensing Authority, Tekari, Gaya as also the appellate order dated 11.02.2014 passed by the learned District Magistrate, Gaya in Supply Appeal No. 5/2011 whereby and whereunder the petitioner's P.D.S. Licence bearing No. 01/1998 has been cancelled; and for connected reliefs.

2. At the very outset this Court takes note that the petitioner has alternate statutory remedy against the order of cancellation by way of revision before the Commissioner, which has not been availed of by the petitioner.

3. Learned counsel fro the petitioner fairly accepts that remedy by

Patna High Court CWJC No.9784 of 2014 dt.17-07-2018 way of revision is available.

4. None appears on behalf of the respondents when the matter is called.

5. In the above circumstances, the writ petition stands dismissed with liberty to the petitioner to file appropriate statutory revision against the impugned order of cancellation.

6. It is made clear that in case such a revision 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 AFR/NAFR NAFR CAV DATE NA Uploading Date 19.07.2018 Transmission Date NA