Patna High CourtCWJC/4036/2015disposed

Rajkumar Paswan v. The State Of Bihar And ORS

2017-04-04Mr. Justice Shivaji Pandey2 pages

Patna High Court CWJC No.4036 of 2015 (2) dt.04-04-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4036 of 2015 ======================================================

1. Rajkumar Paswan Son of Late Shivan Paswan, Resident of Village - Maksudpur, P.S. Asthawana, District - Nalanda. .... .... Petitioner/s

Versus

1. The State of Bihar through the District Magistrate, Nalanda at Biharsharif.

2. The Principal Secretary Food & Supply Department, Bihar Patna.

3. The Commissioner, Patna Commissionary, Patna.

4. The Sub Divisional Officer, Bihar Sharif, Nalanda.

5. The District Supply Officer, Nalanda at Biharsharif.

6. The District Welfare Officer, Nalanda at Biharsharif.

7. The Block Supply Officer, Biharsharif, Nalanda. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjay Prasad For the State : Mr. Avinash Kumar, AC to SC-15 ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 04-04-2017 Heard learned counsel for the petitioner and learned counsel for the State.

In the present writ petition, petitioner is challenging the order dated 28.1.2015 passed by the District Magistrate, Nalanda in Supply Case No.11 of 2014 by which he has dismissed the appeal and confirmed the order of the Sub Divisional Officer, Biharsharif by which licence of the petitioner under Public Distribution System has been cancelled.

Against the order of appeal there is provision of revision but in stead of exhausting that remedy petitioner

Patna High Court CWJC No.4036 of 2015 (2) dt.04-04-2017 has approached directly to this Court.

Learned counsel for the petitioner submits that inspection of the shop was made on 18.6.2014 at 12.45 and shop was found closed and on that ground show cause was issued and after consideration the direction has been issued. He further submits that there is no allegation of involving malpractice and distribution of grain and other materials to the beneficiary. Merely on the ground of closing of shop his licence has been cancelled.

This aspect of the matter will be seen by the revisional court who will take decision in the matter.

With the aforesaid observation this writ petition is disposed of.

(Shivaji Pandey, J) Vinay/- U