Asharphi Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11392 of 2022 ====================================================== Asharphi Jha Son of Sukhadev Jha, Resident of Village-Birpur, P.S.-Basopatti, District-Madhubani.

... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

The Principal Secretary, Department of Food and Civil Supplies, Bihar, Patna.

3.

The District Magistrate, Madhubani.

4.

The District Supply Officer, Madhubani.

5.

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

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

For the Petitioner/s :

Mr. Ram Prakash Kumar, Mr. Jay Prakash Sharma, Advocates.

For the Respondent/s :

Mr. Upendra Kumar Singh, AC to SC-4 ====================================================== CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY ORAL ORDER 12-03-2024 Heard the learned counsels for the parties.

2. The present writ petition has been filed for the following relief(s):- "1. That this writ application is directed for quashing of the Memo No. 264 dated 21/06/21 issued by the Sub-Divisional Officer Jaynagar, Madhubani as well as Appellate Order dated 06.06.2022 passed by District Magistrate, Madhubani in Supply Appeal No. 28/2021-22, whereby the PDS license No.

15/2016 of the petitioner has been cancelled and same has uphold/affirmed by Appellate

Patna High Court CWJC No.11392 of 2022(5) dt.12-03-2024 2/3 Authority i.e.

District Magistrate, Madhubani in Supply Appeal No. 28/2021-22 and for a further direction to continue the license of 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 District Magistrate, Madhubani 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 District Magistrate, Madhubani 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

Patna High Court CWJC No.11392 of 2022(5) dt.12-03-2024 3/3 stand disposed off.

(A. Abhishek Reddy , J) perwez U