Surya Prasad Keshri v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10361 of 2023 ====================================================== Surya Prasad Keshri, Son of Late Jagannath Prasad Keshri, resident of Village-Majhaua Circle, Post-Bibibankatwa, Police Station-Chautarwa, District-West Champaran.

... ... Petitioner/s

Versus

1.

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

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

3.

The Divisional Commissioner, Muzaffarpur.

4.

The District Magistrate, West Champaran, Bettiah. 5.

The Sub Divisional Officer, Bagaha.

6.

The Block Supply Officer, Bagaha.

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

For the Petitioner/s :

Mr.Sanjeev Kumar Mishra, Adv For the Respondent/s :

Mr.S. Raza Ahmad (AAG- 5) ====================================================== CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY ORAL ORDER 09-01-2024 Heard the learned counsels for the parties.

2. The present writ petition has been filed for the following relief(s):- "(i) For quashing the order dated 15.04.2003 passed in CRM No. 1372/21-22 under the signature of the Respondent District Magistrate vide which the appeal pursuant to the order dated 08.02.2022 passed in CWJC 17211/2018 has been dismissed.

(ii) For quashing the order dated 23.6.2018

Patna High Court CWJC No.10361 of 2023(7) dt.09-01-2024 2/3 issued vide Memo No.320/A, Bagaha by which the PDS License no. 90/2007 of the Petitioner has been cancelled by Licensing Authority-cumSub Divisional Officer, Bagaha without adhering to the reply to the show cause and without even following the principles of natural justice (iii) For restoration of the PDS License No.90/2007 of the Petitioner which has been cancelled due to non-consideration of reply to the show cause submitted by the petitioner."

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

Patna High Court CWJC No.10361 of 2023(7) dt.09-01-2024 3/3 communicated to all the parties.

4. With the above said directions, the writ petition stand disposed off Bhardwaj/- (A. Abhishek Reddy , J) U