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Patna High CourtCWJC/2469/2017disposed

Bishuni Sah v. The State Of Bihar And ORS

2018-07-10Mr. Justice Vikash Jain2 pages

Patna High Court CWJC No.2469 of 2017 dt.10-07-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2469 of 2017 =========================================================== Bishuni Sah, Son of late Gullu Sah, R/o Village Diha, P.S. Chainpur, DistrictKaimur at Bhabua. .... .... Petitioner/s

Versus

1. The State of Bihar, through the Collector-cum-District Magistrate, Kaimur at Bhabua.

2. Sub-Divisional Officer, Kaimur at Bhabua.

3. District Supply Officer, Kaimur at Bhabua.

4. Assistant District Supply Officer, Kaimur at Bhabua.

5. Block Supply Officer, Chainpur, Kaimur at Bhabua. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Tribhuwan Narayan For the Respondent/s : SMT. NAMRATA MISHRA- GA6 =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 10-07-2018 The present writ petition has been filed for quashing the order dated 25.08.2015 passed by the Sub Divisional Officer, Kaimur at Bhabua as also the appellate order 03.03.2016 passed by the Collectorcum-District Magistrate, Kaimur at Bhabua in Supply Appeal No. 03/2015-16 whereby the PDS dealership of the petitioner, bearing Licence No. 40/07 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. 03/2015-16 which has not been availed of by the petitioner.

Patna High Court CWJC No.2469 of 2017 dt.10-07-2018

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 AFR/NAFR NAFR CAV DATE NA Uploading Date 14.07.2018 Transmission Date NA