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Patna High CourtCWJC/8285/2023disposed

Bijay Kumar Das v. The State Of Bihar

2023-11-02Mr. Justice A. Abhishek Reddy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8285 of 2023 ====================================================== Bijay Kumar Das, Male, Aged about 52 years, son of Kisun Das, R/o VillageAmba, P.O.- Amwa Arazi, P.S.- Shahkund, District- Bhagalpur. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Department of Food and Civil Supplies, Govt. of Bihar, Patna.

2.

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

3.

The District Magistrate, Bhagalpur.

4.

The District Supply Officer, Bhagalpur.

5.

The Sub-Divisional Officer, Bhagalpur, District Bhagalpur. 6.

The Block Supply Officer, Shahkund, District Bhagalpur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Chandrasekhar Sharma, Advocate.

For the Respondent/s :

Mr. S. Raza Ahmad (AAG 5).

====================================================== CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY ORAL ORDER 02-11-2023 Heard learned counsel for the parties.

2. The present Writ Petition has been filled for the following reliefs:- "i. For issuance of writ in the nature of certiorari to quash the order dated 14.05.2022 passed by SDO, Sadar Bhagalpur communicated vide Memo No.-213 dated 14.05.2022 by which cancelled the PDS License No- 35/2016 of the petitioner.

ii. For issuance of further writ in the nature of certiorari to quash the order dated 13.03.2023 passed by the Collector, Bhagalpur in Supply Appeal Case No.- 173/2022-23 communicated vide Memo No.-309 dated 20.03.2023 by the Collector has confirmed the order of SDO and dismissed the appeal."

Patna High Court CWJC No.8285 of 2023(4) dt.02-11-2023 2/2

3. Without going into the 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 under Section 32(vi) of the Bihar Targeted Public Distribution System (Control) Order, 2016. The petitioner is directed to approach the Divisional Commissioner ventilating his grievance within a period of four weeks from the date of the receipt of a copy of this order. On receipt of the revision, the Divisional Commissioner shall pass necessary orders strictly in accordance with law within a period of four weeks thereof.

4. It is needless to mention that before any order is passed, all the parties shall be put on notice and given an opportunity of hearing and submit their objections. The entire exercise shall be completed as expeditiously as possible preferably within a period of eight weeks thereof. Any order passed shall be communicated to all the parties.

5. With the above said directions, the writ petition stand disposed off.

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