Dinesh Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11976 of 2019 ====================================================== Dinesh Prasad Son of Sheo Nandan Prasad, Resident of Village- Koeri Bigha, P.S. Bankey Bazar, District- Gaya.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Department of Food and Consumer Protection, Bihar, Patna.

2.

The Divisional Commissioner, Magadh Division, Gaya. 3.

The District Magistrate, Gaya.

4.

The Sub Divisional Officer, Sherghati, Gaya.

5.

The District Supply Officer, Gaya.

6.

The Block Supply Officer, Amas, Gaya.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sudhir Kumar Sinha :

Mr.Anil Kumar Sinha For the Respondent/s :

Mr.S.Raza Ahmad (AAG-5) ====================================================== CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY ORAL JUDGMENT Date : 23-09-2025

1. The writ petition is filed for the following reliefs:- "(i) To issue an appropriate order/s, direction/s including a writ preferably in the nature of Certiorari for quashing the order dated 11-112017 passed by the licensing

2/4 authority i.e. Sub-Divisional Officer, Sherghati, Gaya under the Bihar Targeted Public Distribution System (Control) order, 2016 whereby and where under he has cancelled the license of fair price shop of the petitioner vide License No. 14/2016 rejecting the reply to the show cause filed by the petitioner.

(ii) To direct the respondent No. 3 the District Magistrate, Gaya to expedite the hearing of Supply Appeal Case No. 32/ 2018 and pass the order in accordance with the provision as contained in Bihar Targeted Public Distribution System (Control), 2016.

(iii) To direct the respondent No. 4 the Sub Divisional Officer, Sherghati, Gaya to restore the license of the petitioner henceforth.

3/4 (iv) To any other relief/s to which the petitioners are entitled in the facts and circumstances of the case."

2. Heard the Learned counsel for the petitioner as well as the Learned counsel for the respondents. Perused the materials available on record.

3. On perusal of record, it is evident that the petitioner has already availed the alternative remedy by filing a statutory appeal before the District Magistrate, Gaya, which has been registered as Supply Appeal Case No. 32/2018.

4. It is the specific contention of the Learned counsel for the petitioner that although the appeal was filed in 2018, but no final order has been passed till date.

5. In view of the above facts, this Court deems it appropriate to direct Respondent No. 3/District Magistrate, Gaya, to dispose of the pending Supply Appeal Case No. 32/2018, by passing an appropriate order in accordance with law, within a

4/4 period of two months from the date of receipt of a copy of this order.

6. With the aforesaid direction, the writ petition stands disposed of.

(G. Anupama Chakravarthy, J) vinita/- AFR/NAFR NAFR CAV DATE NA Uploading Date 25.09.2025 Transmission Date