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Patna High CourtCWJC/11087/2014disposed

Vimla Devi v. The State Of Bihar And ORS

2018-06-28Mr. Justice Vikash Jain2 pages

Patna High Court CWJC No.11087 of 2014 dt.28-06-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11087 of 2014 =========================================================== Vimla Devi wife of Shri Arun Kumar Verma, resident of village- Nautan Khurd, P.O., P.S. & Block- Majhaulia, Ward No. 4, District- West Champaran .... .... Petitioner

Versus

1. The State of Bihar

2. The District Manager, Bettiah, West Champaran

3. The Sub-Divisional Officer, (Aapurti Shakha), Bettiah, West Champaran

4. The District Supply Officer, Bettiah, West Champaran

5. The District Manager, State Food Corporation, Bettiah, West Champaran

6. The Block Supply Officer, Majhaulia, District- West Champaran .... .... Respondents =========================================================== Appearance :

For the Petitioner : Mr. Umesh Chandra Verma, Advocate. For the State : Mr. Akhileshwar Singh, Ac to GA-2 For the BSFC : Mr. Shailendra Kumar Singh, Advocate. =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 28-06-2018 The present writ petition has been filed for quashing of the order vide memo No. 178 dated 07.04.2014 passed by S.D.O. Sadar Bettiah (Aapurti Shakha) District- West Champaran whereby and whereunder the petitioner's licence bearing no. 53/2007 of Public Distribution System Shop has been cancelled.

2. At the very outset, this Court takes note that the petitioner has alternative statutory remedy against the order of cancellation by way of appeal before the Collector, which has not been availed of by the petitioner.

3. Learned counsel for the petitioner fairly accepts that

Patna High Court CWJC No.11087 of 2014 dt.28-06-2018 remedy by way of appeal is available.

4. In the above circumstances, the writ petition stands dismissed with liberty to the petitioner to file appropriate statutory appeal against the impugned order of cancellation.

5. It is made clear that in case such an appeal 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/BT AFR/NAFR NAFR CAV DATE N.A.

Uploading Date 02.07.2018 Transmission Date N.A.