Rakesh Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6637 of 2023 ====================================================== Rakesh Kumar Yadav Son of Late Upendra Prasad Yadav @ Upendra Yadav, Resident of Village- Bharako, P.S.- Amarpur, District- Banka. ... ... Petitioner/s

Versus

1.

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

The District Magistrate-cum-Collector, Banka. 3.

The Licensing Authority-cu-sub-Divisional Officer, Banka, District- Banka. 4.

The Assistant District Supply Officer, Banka, District- Banka. 5.

The Block Supply Officer, Amarpur, District- Banka. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Siya Ram Sahi, Advocate MR. Bhola Kumar, Advocate For the Respondent/s :

Mr. Alok Ranjan, AC to AAG-5 ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI ORAL JUDGMENT Date : 15-05-2023 Heard learned counsel for the respective parties.

2. In the instant petition, petitioner has prayed for the following reliefs:- "(i) For issuance of a writ in the nature of certiorari quashing the order dated 27.02.2023 passed by the learned Collector, Banka (Respondent No. 2) in P.D.S. Licence Appeal Case No. 1249/2021-22 (Anneuxre-7) by which the learned Collector upheld the order of cancellation of Licence of the petitioner and further quashing the order dated 03.08.2022 contained in Letter No.

272 dated 04.08.2020 (Annexure-4) passed by the learned Sub-Divisional Officer, Banka whereby and whereunder the Sub-Divisional Officer, Banka has cancelled the Licence of the petitioner

Patna High Court CWJC No.6637 of 2023 dt.15-05-2023 2/2 vide Licence No. 27/2019 for Retailcum-Fair Price Shop under Public Distribution System.

(ii) For directing the respondents to allow the petitioner to run the shop under Public Distribution System in Bharako Panchayat under Amarpur Block in the District of Banka.

(iii) For passing any other order/orders, command/s or appropriate writ/s which your Lordships deem fit and proper in the facts and circumstances of the instant 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.

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