Patna High CourtCWJC/4418/2015disposed

Ram Swarath Baitha v. The State Of Bihar And ORS

2017-04-12Mr. Justice Shivaji Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4418 of 2015 =========================================================== Ram Swarath Baitha, S/o-Shri Baldeo Baitha, Resident of Village - Jamua, P.S. Bairgania, District - Sitamarhi.

.... .... Petitioner

Versus

1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna.

2. The Secretary, Food & Civil Supplies, Government of Bihar, Patna.

3. The District Magistrate, Sitamarhi, District Sitamarhi.

4. The Deputy Collector Land Reforms, Sitamarhi Sadar, District - Sitamarhi.

5. The Sub-Divisional Officer, Sitamarhi Sadar, District - Sitamarhi.

6. The District Supply Officer, Sitamarhi, District - Sitamarhi.

7. The Block Supply Officer, Baigania, District - Sitamarhi. .... .... Respondents =========================================================== Appearance :

For the Petitioner/s : Mr. S.B.K. Manglam, Adv. For the Respondent/s : Mr. Ram Vinay Prasad Singh, A.C. to G.A.-12 =========================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL JUDGMENT Date: 12-04-2017 Heard learned counsel for the petitioner and learned counsel for the State.

In this case, the petitioner is challenging the order dated 09.08.2014, passed by the Sub-Divisional Officer, Sitamarhi Sadar, Sitamarhi, whereby and whereunder the licence of the petitioner has been cancelled.

It appears that the petitioner instead of exhausting the alternative remedy has straightway approached this Court as there is a provision of appeal under the Essential Commodities Act.

Patna High Court CWJC No.4418 of 2015 dt.12-04-2017 2/2 In such view of the matter, this writ petition is disposed of with a liberty to the petitioner to file an appeal before the appellate authority. If such an appeal is filed, the appellate authority shall consider the same on merit and pass appropriate order in accordance with law within a period of four months from the date of filing of such appeal (Shivaji Pandey, J) pawan/- AFR/NAFR N.A.F.R.

CAV DATE N/A.

Uploading Date 13.04.2017 Transmission Date N/A.