Sri Bhagwan Ram v. The State Of Bihar And ORS

Patna High Court CWJC No.12685 of 2015 dt.26-06-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12685 of 2015 =========================================================== Sri Bhagwan Ram Son of Late Bahri Ram Resident of Village - Usari Bazar, Under Pachyat Usari, P.S. - Baikunthpur Block - Office - Baikunthpur, Under sub - Division - Gopalganj, District - Gopalganj. .... .... Petitioner/s

Versus

1. The State of Bihar

2. The District Magistrate, Gopalganj.

3. The District Supply Officer, District - Gopalganj.

4. The Sub - Divisional Officer, Gopalganj.

5. The Block Supply Officer, Baikunthpur, Gopalganj. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Harendra Prasad, Adv For the Respondent/s : Mr. RITESH KUMAR- SC33 =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 26-06-2018 The present writ petition has been filed for quashing the order dated 28.04.2012 contained in memo no. 2736 passed by the Sub Divisional Officer, Gopalganj as also the appellate order dated 01.07.2015 passed by the learned Collector-cum-District Magistrate, Gopalganj in Supply Appeal No. 01 of 2014 whereby the PDS dealership of the petitioner, bearing Licence No. 34/2007 has been cancelled.

2. 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 passed in Supply Appeal No. 01

Patna High Court CWJC No.12685 of 2015 dt.26-06-2018 of 2014, which has not been availed of by the petitioner.

3. 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.

4. 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) Chandran/BT AFR/NAFR NAFR CAV DATE NA Uploading Date 27.06.2018 Transmission Date NA