Kamaldeo Bhagat @ Kamaldev Bhakat v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6175 of 2018 ====================================================== Kamaldeo Bhagat @ Kamaldev Bhakat Son of Late Ram Nandan Bhagat, Resident of Village-Ghakiya, P.S. Paroo, District-Muzaffarpur. ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

The Principal Secreraty Food and Supply Departmnet, Govt. of Bihar, Patna. 3.

District Magistrate-cum-Collector, Muzaffarpur. 4.

Sub-Divisional Officer-Cum-Licensing Authority District-Muzaffarpur. 5.

Block Supply Officer, Paroo, District-Muzaffarpur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Arun Kumar For the Respondent/s :

Mr.S. Raza Ahmad- AAG-5 ====================================================== CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY ORAL JUDGMENT Date : 30-06-2025

1. The writ petition is filed to quash the order passed by the District Magistrate-cum-Collector, Muzaffarpur, PDS Appeal No. 6/2017 as well as to quash the order dated 29.09.2016 passed by the S.D.O., West Muzaffarpur, by which the PDS license of the petitioner was cancelled.

2. Heard the Learned counsel for the petitioner as well as the Learned counsel for the respondents.

3. The Learned counsel for the respondent submitted that a revision lies against the appellate order. Despite the availability of the alternative

Patna High Court CWJC No.6175 of 2018 dt.30-06-2025 2/2 remedy, the present writ petition has been filed. It is also pointed out by the Learned counsel for the respondent that once an effective remedy is available to the petitioner, the writ petition is not maintainable.

4. Taking into consideration that alternative remedy of revision is available to the petitioner, the petitioner is directed to avail the revision before the revisional authority within one month from the date of receipt of a copy of this order. In turn, the revisional authority shall dispose of the revision within a period of three months from the date of filing of the application.

5. However, the aspect of limitation shall be liberally considered by the revisional authority, as the writ petition was filed in the year 2018 itself.

6. With the above-said observations, the writ petition shall stand disposed of.

(G. Anupama Chakravarthy, J) vinita/- AFR/NAFR NAFR CAV DATE NA Uploading Date 02.07.2025 Transmission Date