Patna High CourtCWJC/11671/2014disposed

Md. Jalil v. The State Of Bihar And ORS

2018-07-31Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11671 of 2014 =========================================================== Md. Jalil, S/O- Late Dahmali Mian, R/O/V- Gapalpur, Panchayat Parihari, P.S.- Raniganj, District Araria .... .... Petitioner

Versus

1. The State of Bihar

2. The District Magistrate, Araria

3. The S.D.O., Araria

4. Block Supply Officer, Raniganj Block, District- Araria .... .... Respondents =========================================================== Appearance :

For the Petitioner : Mr. Arun, Mr. Sajid Salim Khan, Advocates For the Respondents : Mr. AJAY, GA 5 Mr. A.S. Lal, AC to GA 5 =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 31-07-2018 Heard learned counsel for the petitioner as well as learned counsel for the respondents.

2. The present writ petition has been filed for the following reliefs - "(i) For, issuance of appropriate writ/writs, order/ orders, for quashing of the order dated 21.1.14 passed in control order appeal no.

19/2013-14 by which respondent no. 2, whereby the said respondent dismissed the appeal of the petitioner on improper & illegal grounds.

(ii) For, quashing the order dated 10.8.13, passed by the respondent no. 3, whereby the said respondent cancelled the PDS license of the petitioner on baseless grounds. (iii) For, issuance of order/orders, direction, directing the respondents to restore the PDS license of the petitioner as the same was cancelled arbitrarily without following the

Patna High Court CWJC No.11671 of 2014 dt.31-07-2018 2/2 due process of law.

(iv) For, issuance of any other relief/reliefs to which the petitioner may be entitled to in the facts & circumstances of the case."

3. At the very outset, this Court takes note that remedy by way of revision before the Divisional Commissioner is available to the petitioner against the impugned order dated 21.01.2014 passed in Control Order Appeal no. 19/2013-14, 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 a revision petition before the Divisional Commissioner for redressal of his grievances.

5. It is made clear that in case such a revision petition 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.

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