Patna High CourtCWJC/7580/2015disposed

Upendra Thakur v. The State Of Bihar And ORS

2018-08-10Mr. Justice Vikash Jain2 pages

Patna High Court CWJC No.7580 of 2015 dt.10-08-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7580 of 2015 =========================================================== Upendra Thakur Son of Munni Lal Thakur, Resident of Village - Govindpur, Khajuri, Police Station - Kalyanpur, District - Samastipur. .... .... Petitioner

Versus

1. The State of Bihar through the District Magistrate, Samastipur.

2. The Sub-Divisional Officer, Sadar, Samastipur.

3. The District Supply Officer, Samastipur.

4. The Block Supply Officer, Kalyanpur, Samastipur. .... .... Respondents =========================================================== Appearance :

For the Petitioner : Mr. Rana Sanjay Kumar Singh, Advocate. For the Respondents : Mr. Ashok Priyadarshi, GA-4 =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 10-08-2018 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 orders dated 09.06.2012 as contained in Memo No. 382/Aa, Samastipur and 25.03.2015 passed in Case No. 62 of 2012 as contained in Annexure-4 and 6 to this writ application passed by learned SubDivisional Officer, Samastipur and District Magistrate, Samastipur whereby and whereunder the license of the petitioner being licence no. 313 of 2007 has been cancelled and appeal preferred by him has been rejected.

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

Patna High Court CWJC No.7580 of 2015 dt.10-08-2018 by way of revision before the Divisional Commissioner is available to the petitioner against the impugned order dated 25.03.2015 passed in Appeal Case No. 62 of 2012, 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) Md. Ibrarul/BT AFR/NAFR NAFR CAV DATE N.A.

Uploading Date 14.08.2018 Transmission Date N.A.