Patna High CourtCWJC/14452/2015disposed

Shankar Thakur v. The State Of Bihar And ORS

2018-08-18Mr. Justice Vikash Jain2 pages

Patna High Court CWJC No.14452 of 2015 dt.18-08-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14452 of 2015 ===========================================================

1. Shankar Thakur, son of Late Baidhnath Thakur, resident of villageBishunpur, P.S.- Katara, Distt.- Muzaffarpur. .... .... Petitioner/s

Versus

1. The State of Bihar through the Collector, Muzaffarpur.

2. The Collector, Muzaffarpur.

3. The Sub Divisional Officer (East), Muzaffarpur.

4. The Block Supply Officer, Katara, Muzaffarpur. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Alok Kumar Alok, Adv For the Respondent/s : Mr. ANIL KUMAR =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 18-08-2018 The present writ petition has been filed against the order dated 15.09.2014 passed by the Sub-Divisional Officer (East), Muzaffarpur (respondent no. 3) whereby and whereunder the petitioner's P.D.S. Licence No. 15-KTR/03-08 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 by way of appeal is available.

4. In the above circumstances, the writ petition stands disposed of

Patna High Court CWJC No.14452 of 2015 dt.18-08-2018 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