Patna High CourtCWJC/19622/2015disposed

Md. Akbar v. The State Of Bihar And ORS

2017-03-30Mr. Justice Shivaji Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19622 of 2015 =========================================================== Md. Akbar Son of Ayub Khan Resident of Mohalla - Kazi, Ward No 19, P.S. - Sherghati, District - Gaya.

.... .... Petitioner/s

Versus

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

2. The District Magistrate, Gaya.

3. The Sub Divisional Officer, Sherghati, District - Gaya.

4. Assistant District Supply Officer, Sherghati, District - Gaya.

5. Block Supply Officer, Sherghati Block, District - Gaya. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Md. Javed Jafar Khan, Adv. For the Respondent/s : Mr. Kinkar Kumar, SC-9 =========================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL JUDGMENT Date: 30-03-2017 Heard learned counsel for the petitioner and counsel for the State.

In this case, the petitioner is challenging the order dated 15.1.2013 passed by the Sub-Divisional Officer, Sherghati, whereby and whereunder, the licence of the petitioner, bearing Licence No. 501 of 2007, has been cancelled in Supply Case No. 1 of 2013. The petitioner is a licence holder of P.D.S. Shop, an allegation has been made that he has not distributed the food grains in terms of the Control Order or in terms of the Licence which led to initiation of a proceeding being Supply Case No. 1 of 2013 before the Sub-Divisional Officer, Sherghati who has disposed of the same by

Patna High Court CWJC No.19622 of 2015 dt.30-03-2017 passing the impugned order dated 15.1.2013.

As the petitioner, instead of approaching to the appellate authority, he has straightway approached this Court in the writ application, the petitioner is directed to exhaust an alternative remedy and if the order goes against him, he will have a liberty to take action in accordance with law.

With the aforementioned observation, this application is disposed of.

(Shivaji Pandey, J) Rishi/- AFR/NAFR NAFR CAV DATE NA Uploading Date 31.03.2017 Transmission Date