Janki Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7142 of 2023 ====================================================== Janki Paswan Son of Buddhu Paswan, Resident of Village - Mohiuddinpur, P.S. Warsaliganj, Block - Warsaliganj, District - Nawada. ... ... 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, Nawada.

3.

The Sub Divisional Officer, Nawada.

4.

The Block Supply Officer, Warsaliganj, Nawada. ... ... Respondent/s ====================================================== Appearance :

Appearance :

For the Petitioner/s :

Mr. N. K. Agrawal, Sr. Adv.

Ms. Diksha Kumari, Adv Mr. Kumar Rajdeep, Adv.

Ms. Arvind Kumar, Adv.

For the Respondent/s :

Mr.S. Raza Ahmad (Aag5) ====================================================== CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY ORAL ORDER 02-12-2023 Heard the learned counsels for the parties.

2. The present writ petition has been filed for the following relief(s):- "For issuance of a writ in the nature of Certiorari for quashing the Order dated 09.10.2019 passed in Supply Appeal No.263(M) of 2018 by the District Magistrate,Nawada which was filed against the order dated 30.11.2016 of the Sub-Divisional Officer, Nawada, by which P.D.S license No. 02/94 of the petitioner was cancelled are liable to be setaside as same have been passed in violation of the principles of Natural Justice, in as much as the Impugned Orders have been passed without

Patna High Court CWJC No.7142 of 2023(5) dt.02-12-2023 2/2 considering the facts and circumstances of the case."

3. Without going into the merits or demerits of the case, having regard to the fact that the petitioner is having an alternative and efficacious remedy of filing a revision under Section 32(vi) of the Control Order 2016. The petitioner is directed to approach the Divisional Commissioner ventilating his grievance within a period of four weeks from the date of the receipt of a copy of this order. On receipt of the revision, the Divisional Commissioner shall pass necessary orders strictly in accordance with law within a period of four weeks thereof. It is needless to mention that before any order is passed, all the parties shall be put on notice and given an opportunity of hearing and submit their objections. The entire exercise shall be completed as expeditiously as possible preferably within a period of eight weeks thereof. Any order passed shall be communicated to all the parties.

4. With the above said directions, the writ petition stand disposed off.

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