Md. Kaishar Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8105 of 2023 ====================================================== Md. Kaishar Alam Son of Md. Nazir Ahmad, Resident of Village- Pachra, P.S.- Balrampur, District- Katihar.

... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

The District Magistrate, Katihar.

3.

The Sub. Divisional Officer, Barsoi, District- Katihar. 4.

The Block Supply Officer, Block- Balrampur, District- Katihar. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Mirityunjay Kumar, Adv.

For the Respondent/s :

Mr. S. Raza Ahmad ( Aag 5 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY ORAL ORDER 12-09-2023 The present writ petition has been filed for the following reliefs;

"(i) That this is an application for issuance of writ in the nature of Certiorari to quash the order dated 01.03.2023 passed by learned District Magistrate, Katihar in Supply Appeal No.

03/2022-23 and order dated 17.03.2022 passed by learned Sub. Divisional Officer, Barsoi, District: Katihar, whereby and whereunder the respondent no. 2 confirmed the order of learned Sub.

Divisional Officer, Barsoi, District:

Katihar by which the License of PDS of the petitioner vide License No. 05/93, Panchayat-Bhimiyal Block: Balrampur, District: Katihar has been cancelled by

Patna High Court CWJC No.8105 of 2023(4) dt.12-09-2023 2/3 the respondent no. 03 Sub. Divisional Officer, Barsoi, Katihar vide letter no.

352 dated 28.12.21 without taking into consideration of real facts and circumstances of the case, which is illegal and against in the eye of law.

(ii) for issuance of any other relief or reliefs for which the petitioner is entitled."

2. Learned counsel for the respondents has stated that the petitioner has a remedy of filing a revision before the Revisional Authority. Having regard to the said submission, without going into merits or demerits of the case, having regard to the fact that the petitioner is having an alternative and efficacious remedy of filing a revision against the order of the Appellate Authority, the petitioner is permitted to avail the said remedy within a period of four weeks from today. On such revision being filed, the authority concerned shall pass orders strictly in accordance with law duly taking into consideration the grounds of revision raised by the petitioner. It is needless to mention that before passing any order, the petitioner shall be given an opportunity of hearing. The entire exercise shall be completed as expeditiously as possible preferably within a period of four weeks from the date of filing of the revision. Any order passed shall be communicated to the parties.

Patna High Court CWJC No.8105 of 2023(4) dt.12-09-2023 3/3

2. With the above direction, the present writ petition stands disposed off.

(A. Abhishek Reddy , J) Ayush/- U