Patna High CourtCWJC/6419/2015disposed

Birendra Yadav v. The State Of Bihar And ORS

2015-11-26Mr. Justice Samarendra Pratap Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6419 of 2015 ====================================================== Birendra Yadav, son of Late Kamleshwari Yadav, Resident of villageDebiganj, Police Station- Narpatganj District- Araria. .... .... Petitioner

Versus

1. The State of Bihar through Principal Secretary, Food and Consumer Protection Department, Government of Bihar, Patna.

2. The Collector, Araria.

3. The Sub Divisional Officer, Farbesganj, District- Araria.

4. Block Supply Officer, Narpatganj, District- Araria. .... .... Respondents ====================================================== Appearance :

For the Petitioner/s : Mr. Manoj Kumar For the Respondent/s : Mr. Nasim Yahya, Gp13 ======================================================

CORAM:

HONOURABLE MR.

JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER 26-11-2015 Heard learned counsel for the petitioner and the State. The petitioner is a P.D.S. dealer. His license was cancelled on 28.11.2014 by the Sub Divisional Officer, Forbesganj, which was affirmed in appeal by Collector, Araria vide its order dated 20.03.2015.

The petitioner submits that the impugned order cancelling his license has been passed without considering his show-cause reply. He further submits that the copy of the enquiry report was also not given to him.

In my view, the petitioner has an alternative remedy of revision before the learned Commissioner.

This writ application, as such, is disposed of with a

Patna High Court CWJC No.6419 of 2015 (2) dt.26-11-2015 2 / 2 liberty to the petitioner to move the learned Commissioner of the concerned Division, who would consider all the points that may be raised by the petitioner including the aforesaid two points noted in this order. It is further observed that in case an application for condonation of delay in filing the revision is filed, the same would be sympathetically considered, as the petitioner was pursuing his remedy before this Court.

In case, if any such revision is filed, it is expected that the same would be disposed of within a period of four months. This application stands disposed of.

(Samarendra Pratap Singh, J.) Uday/- U