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Patna High CourtCWJC/9814/2023disposed

Shri Ram Yadav v. The State Of Bihar

2023-09-27Mr. Justice A. Abhishek Reddy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9814 of 2023 ====================================================== Shri Ram Yadav Son of Dhaneshwar Yadav, Resident of village- Ward No. 10, Mohanpur, P.S. Harlakhi, District - Madhbuani. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary Food and Civil Supply Department Government of Bihar Patna.

2.

The Commissioner Darbhanga Division Darbhanga. 3.

The District Magistrate Madhubani.

4.

The District Manager, State Food Corporation Madhubani. 5.

The Sub-Divisional Officer, Benipatti, Madhubani. 6.

The District Supply Officer, Madhubani.

7.

The Block Supply Officer Harlakhi, Madhubani. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Abhinav Kr. Adv.

:

Mr. Gagan Deo Yadav, Adv.

:

Mr. Ravi Prakash, Adv.

:

Mr. Udeshya Kr. Yadav., Adv.

For the Respondent/s :

Mr. S. Raza Ahmad ( Aag 5 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY ORAL ORDER 27-09-2023 Heard the learned counsels for the parties

2. This writ petition has been filed for seeking the following relief(s):- "That this is an application for issuance of an appropriate writ(s), order(s), direction(s) for quashing the order dated 01.04.2023 passed in Supply Appeal No. 158 of 2022 by the learned District Magistrate Madhubani whereby and where under the earlier order dated 19.02.2021 passed by the sub-divisional officer Benipatti has been affirmed and the license of PDS shop of petitioner has been cancelled and after quashing the abovesaid order dated

Patna High Court CWJC No.9814 of 2023(2) dt.27-09-2023 2/2 01.04.2023 respondents be directed to grant license of PDS shop of petitioner and to grant any other relief(s) for which petitioner may found entitled in accordance with law."

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 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. 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.

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

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