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Patna High CourtCWJC/14172/2015disposed

Most. Raj Kumari Kuer v. The State Of Bihar And ORS

2018-08-18Mr. Justice Vikash Jain2 pages

Patna High Court CWJC No.14172 of 2015 dt.18-08-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14172 of 2015 ===========================================================

1. Most. Raj Kumari Kuer wife of Late BAnti Giri, village- Murli, P.O. Bhada Murti, District- East Champaran.

.... .... Petitioner/s

Versus

1. The State of Bihar

2. The Principal Secretary, Department of Food and Civil Supply, Govt. of Bihar, Patna.

3. The District Magistrate, East Champaran.

4. The Sub-Divisioanl Officer, Areraj, East Champaran.

5. The District Supply Officer, East Champaran Motihari.

6. The Supply Inspector, Sangrampur, District- East Champaran. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Ashok Kumar, Adv For the Respondent/s : Mr. KUMARI AMRITA =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 18-08-2018 The present writ petition has been filed against the order dated 04.06.2015 bearing Memo No. 99 passed by the Sub-Divisional Officer, Areraj, District East Champaran (respondent no. 4) whereby and whereunder the petitioner's P.D.S. Licence 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 appeal before the Collector, which has not been availed of by the petitioner.

3. Learned counsel for the petitioner fairly accepts that remedy

Patna High Court CWJC No.14172 of 2015 dt.18-08-2018 by way of appeal is available.

4. In the above circumstances, the writ petition stands disposed of 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) Chandran/Md. Ibrarul AFR/NAFR NAFR CAV DATE NA Uploading Date 26.08.2018 Transmission Date NA