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Patna High CourtCWJC/9791/2025disposed

Satya Narayan Mandal, v. The State Of Bihar

2025-09-23Mr. Justice A. Abhishek Reddy3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9791 of 2025 ====================================================== Satya Narayan Mandal, son of Thakko Mandal, resident of Village-Mahdeva, Ward No. 01, Post Office-Shankarpur, P.S.-Rosera, District- Samastipur, Bihar, Pin Code-848117.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Food and Consumer Protection Department, Government of Bihar, Patna. 2.

The Additional Secretary, Food and Consumer Protection Department, Government of Bihar, Patna.

3.

The Collector, Samastipur, 4.

The Sub-Divisional Officer, Rosera Cum Licensing Officer, Samastipur. 5.

The District Supply Officer, Rosera, Samastipur. 6.

The Block Supply Officer, Shivaji Nagar, Samastipur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Kaushalesh Choudhary, Advocate.

For the Respondent/s :

Mr. Government Pleader 24 with Mr. Sarvesh Kumar, GP-24.

====================================================== CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY ORAL ORDER 23-09-2025 Heard learned counsel for the parties.

2. The present Writ Petition has been filled for the following reliefs:- "(i) For issuance of an appropriate writ/s, Rule/s, Direction/s in the nature of mandamus commanding the concerned respondents, for quashing the order contained in Memo No. 326 dated 26.03.2025 by which without considering the Judgment and order dated 29.01.2025 passed in CWJC No. 9914 of 2024, the petitioenr's PDS License No.

Patna High Court CWJC No.9791 of 2025(2) dt.23-09-2025 2/3 188/2016, for Gram Panchayat Raj Shankarpur, Shivaji Nagar, Samastipur, has been cancelled, on erroneous consideration.

(ii) For issuance of appropriate direction to the concerned respondents for restoration of petitioner's PDS License with all facilities, available to the PDS dealer."

3. Even though, the learned counsel appearing on behalf of the petitioner has argued at length on merits of the case, this Court is not inclined to entertain the present writ petition, having regard to the facts that the petitioner has an alternative and efficacious remedy of preferring a statutory appeal before the Collector, Samastipur under Clause 32(3) of the Bihar Targeted Public Distribution System (Control) Order, 2016. The present writ petition is disposed of directing the petitioner to approach the Collector, Samastipur (Respondent No. 3) by way of appeal within a period of two weeks from today. On such appeal being filed, the Collector, Samastipur (Respondent No. 3) shall consider the same on merits and pass a reasoned orders in accordance with law.

4. It is needless to mention that before passing any order, the authorities concerned shall give an opportunity of hearing to the petitioner. The entire exercise shall be completed as expeditiously as possible preferably within a period of eight

Patna High Court CWJC No.9791 of 2025(2) dt.23-09-2025 3/3 weeks from the date of filing of the appeal by the petitioner. Any order passed shall be communicated to the parties.

5. With the above directions, the present writ petition stands disposed of.

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