Manoj Kumar Sah v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1361 of 2015 ====================================================== Manoj Kumar Sah, son of late Ram Bilash Sah, resident of village and P.O. Panchtaki Yadau, P.S. Bairgania, District Sitamarhi .... .... Petitioner/s

Versus

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

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

3. The District Magistrate, Sitamarhi, District Sitamarhi

4. The Sub Divisional Officer, Sitamarhi Sadar, District Sitamarhi

5. The District Supply Officer, Sitamarhi, District Sitamarhi

6. The Block Supply Officer, Bairgania, District Sitamarhi .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. S.B.K. Mangalam, Adv. For the Respondent/s : Mr. Ansuman Singh, GP-24 ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 18-05-2015 Heard Mr. S.B.K. Mangalam, learned counsel for the petitioner and learned counsel for the State. The petitioner is holder of licence under the Public Distribution System Control Order, 2001 as enforced vide Fair Price Shop Order , 2007 (hereinafter referred to as 'the Control Order') and is aggrieved by the order of cancellation passed by the Licensing Authority-cum-Sub Divisional Officer, Sitamarhi. Clause-15 of 'the Control Order' provides for remedy of appeal against an order of cancellation of licence and which remedy has been bypassed by the petitioner.

Patna High Court CWJC No.1361 of 2015 (2) dt.18-05-2015 2 / 2 The writ petition in the circumstances is disposed of with liberty to the petitioner to exhaust the remedy of appeal so available to him under Clause 15 of 'the Control Order'. (Jyoti Saran, J) Bibhash/- U