Patna High CourtCWJC/9882/2015disposed

Jalim Singh v. The State Of Bihar And ORS

2018-08-18Mr. Justice Vikash Jain2 pages

Patna High Court CWJC No.9882 of 2015 dt.18-08-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9882 of 2015 =========================================================== Jalim Singh, Son of Late Tetar Singh, resident of Village- Matukchak, Police Station- Parasbigha in the district of Jehanabad. .... .... Petitioner/s

Versus

1. The State of Bihar, through the Commissioner, Magadh Division, Gaya.

2. The District Magistrate-cum-Collector, Jehanabad.

3. The Sub-Divisional Officer, Jehanabad.

4. The District Supply Officer, Jehanabad.

5. The Block Supply Officer, Ratni Faridpur in the district of Jehanabad. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Sunil Kumar, Adv For the Respondent/s : Mr. GA11- PARTHA SARTHI =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 18-08-2018 The present writ petition has been filed against the order dated 29.01.2015 passed by the learned Collector-cum-Appellate Authority, Jehanabad in Supply Appeal Case No. 41/DM/2013 affirming the order dated 30.08.2013 passed by the Sub-Divisional Officer-cum-Licensing Authority, Jehanabad whereby and whereunder the petitioner's P.D.S. Licence bearing No. 7 of 2012 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

Patna High Court CWJC No.9882 of 2015 dt.18-08-2018 petitioner.

3. Learned counsel for the petitioner fairly accepts that remedy by way of revision is available.

4. In the above circumstances, the writ petition is disposed of with liberty to the petitioner to file appropriate statutory revision against the appellate order dated 29.01.2015.

5. 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/Md. Ibrarul AFR/NAFR NAFR CAV DATE NA Uploading Date 18.08.2018 Transmission Date NA