Patna High CourtCWJC/18825/2015disposed

Vijay Kumar v. The State Of Bihar And ORS

2018-08-18Mr. Justice Vikash Jain2 pages

Patna High Court CWJC No.18825 of 2015 dt.18-08-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18825 of 2015 =========================================================== Vijay Kumar son of Late Guneshwar Yadav resident of village - Shekhatol Akambha, P.S. Chhaurahi, District - Begusarai. .... .... Petitioner

Versus

1. The State of Bihar.

2. The District Magistrate, Begusarai.

3. The Sub-Divisional Officer, Begusarai.

4. The District Manager, Bihar State Food and Civil Supply Corporation Ltd. Begusarai.

5. The Block Development Officer-cum Block Supply Officer, Block Chhaurahi, District - Begusarai.

.... .... Respondents =========================================================== Appearance :

For the Petitioner : Mr. Anurag Saurav, Advocate. For the State : Mr. S.K. Ranjan, AC to GP-17 For the BSFC : Mr. Shailednra Kumar Singh, Advocate. =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 18-08-2018 Heard learned counsel for the petitioner as well as learned counsel for the respondents.

2. The present writ petition has been filed for setting aside the order dated 05.10.2013 passed in Miscellaneous Case No. 39/2012 passed by the District Magistrate, Begusarai which has been preferred by the petitioner against the order by Gyapank No. 87 dated 23.01.2012 passed by the S.D.O. Begusarai by which the license of the petitioner has been cancelled.

3. At the very outset, this Court takes note that remedy

Patna High Court CWJC No.18825 of 2015 dt.18-08-2018 by way of revision before the Divisional Commissioner is available to the petitioner against the impugned order dated 05.10.2013 passed in Miscellaneous Case No. 39 of 2012, which has not been availed of by the petitioner.

4. In view of availability of the alternative remedy as above, this Court is not inclined to interfere in the matter. The writ petition stands disposed with liberty to the petitioner to file a revision petition before the Divisional Commissioner for redressal of his grievances.

5. It is made clear that in case such a revision petition 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) Md. Ibrarul/Chandran AFR/NAFR NAFR CAV DATE N.A.

Uploading Date 28.08.2018 Transmission Date N.A.