Chandra Ram v. The State Of Bihar And ORS

Patna High Court CWJC No.17042 of 2015 dt.18-08-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17042 of 2015 =========================================================== Chandra Ram son of Late Baldeo Ram, resident of village- Katai, P.S. Katra, District- Muzaffarpur .... .... Petitioner

Versus

1. The State of Bihar through the Secretary, Food and Consumer Affairs, Bihar, Patna

2. The District Magistrate, Muzaffarpur

3. The Deputy Development Commissioner, Muzaffarpur

4. The Senior Deputy Collector Incharge, Muzaffarpur

5. The Sub Divisional officer East, Muzaffarpur

6. The Block Supply Officer Katra (Muzaffarpur) .... .... Respondents =========================================================== Appearance :

For the Petitioner : Mr. S. Jamil Akhtar, Advocate. For the Respondents : Mr. Mujtabaul Haque, GP_12 Mr. Manish Kumar, AC to GP-12 =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 18-08-2018 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 as contained in memo no. 506/S dated 01.07.2015 passed by the learned S.D.O. East Muzaffarpur, by which the license bearing no. 10KTR-01-8 of the petitioner has been cancelled.

3. At the very outset, learned counsel for the petitioner submits in view of the statement made in paragraph-13 of the writ petition that the petitioner be granted liberty to file an appeal before

Patna High Court CWJC No.17042 of 2015 dt.18-08-2018 the Collector against the impugned order, if not already filed.

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 disposed of with liberty to the petitioner to file an appeal before the Collector for redressal of his grievances. If any such appeal is filed before the Collector within a period of three weeks from today, the same shall be disposed of by the Collector, Muzaffarpur (respondent no. 2) expeditiously, if not already filed.

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) Md. Ibrarul/BT AFR/NAFR NAFR CAV DATE N.A.

Uploading Date 28.08.2018 Transmission Date N.A.