Patna High CourtCWJC/18122/2014disposed

Rinku Singh v. The State Of Bihar And ORS

2018-07-27Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18122 of 2014 =========================================================== Rinku Singh wife of Chandra Kishore Singh, resident of Village - Hariya Bhid, Bishunpur, P.S. Korha, District - Katihar.

.... .... Petitioner

Versus

1. The State of Bihar through Principal Secretary, Food and Consumer Protection Department, Bihar, Patna.

2. The District Magistrate, Katihar.

3. The Sub Divisional Officer, Sadar, Katihar.

4. The Senior Deputy Collector cum Incharge Officer, District Public Grievance Cell, Katihar.

5. The Block Supply Officer, Korha (Katihar). .... .... Respondents =========================================================== Appearance :

For the Petitioner : Mr. Shankar Kumar, Advocate For the Respondents : Mr. Nasim Yahya GP13 =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 27-07-2018 Heard learned counsel for the petitioner as well as learned counsel for the respondents.

2. The present writ petition has been filed for quashing the order dated 31.03.2014 contained in memo no. 87/Katihar/dated 03.04.2014 issued under the signature of the Sub-Divisional Officer, Katihar under Bihar Public Distribution Control (Order) 2001 whereby and whereunder he rejected the application of the petitioner for issuance of license of fair price shop on compassionate ground; and for connected reliefs.

3. At the very outset, this Court takes note that remedy

Patna High Court CWJC No.18122 of 2014 dt.27-07-2018 2/2 by way of appeal before the Collector is available to the petitioner against the impugned order dated 31.03.2014 contained in memo no. 87/Katihar/dated 03.04.2014, which has not been availed of by the petitioner.

4. In view of availability of the alternative remedy as above, this Court is not inclined to interfere in the matter. The writ petition stands dismissed with liberty to the petitioner to file an appeal before the Collector, Katihar for redressal of her grievances.

5. It is made clear that in case such an appeal is filed, the concerned authority would have regard to the present proceeding being pursued by the petitioner, while considering any issue relating to condonation of delay, if applicable.

(Vikash Jain, J) B.T/Chandran AFR/NAFR NAFR CAV DATE N.A.

Uploading Date 30.07.2018 Transmission Date N.A.