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Patna High CourtCWJC/1685/2017disposed

Raj Narayan Ray v. The State Of Bihar And ORS

2017-04-03Mr. Justice Shivaji Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1685 of 2017 =========================================================== Raj Narayan Ray, Son of Late Ram Naresh Ray, Resident of Village + P.O. Barhari P.S. Kochas Block Kochas District Rohtas at Sasaram. .... .... Petitioner

Versus

1. The State of Bihar through the Principal Secretary, Department, of Food and Civil Supply, Govt. of BIhar, Patna

2. The District Magistrate, Rohtas at Sasaram.

3. THe Sub-Divisional Officer, Sasaram, District Rohtas.

4. The Assistant District Supply Officer, Sasaram, District Rohtas

5. THe Block Development officer, Kochas District Rohtas

6. The Block Supply Officer, Kochas, District Rohtas. .... .... Respondents =========================================================== Appearance:

For the Petitioner/s : Mr. Kripa Nand Jha, Adv. Mr. Raghunandan Kumar Singh, Adv.

For the Respondent/s : Mr. Upendra Pratap Singh, A.C. to S.C.-4 =========================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL JUDGMENT Date: 03-04-2017 Heard learned counsel for the petitioner and learned counsel for the State.

2.

In this case, the petitioner is challenging the order dated 05.12.2016 passed by the Sub-Divisional Officer, Sasaram, in Supply Case No.13 of 2016, whereby and whereunder he has cancelled the licence of the petitioner as he was found involved in misdemeanour.

Patna High Court CWJC No.1685 of 2017 dt.03-04-2017 2/2 3.

It appears that the petitioner instead of exhausting the alternative remedy of appeal has directly approached this Court. It is well known principle of law that if there is an alternative remedy of appeal, the person concerned should have exhausted that remedy and only then he should have knocked the door of this Court under extraordinary jurisdiction.

4.

In such view of the matter, this Court is not inclined to interfere with the matter. Accordingly, this writ application is disposed of with a liberty to the petitioner to approach the appellate authority, if he so like.

(Shivaji Pandey, J) pawan/- AFR/NAFR N.A.F.R.

CAV DATE N/A.

Uploading Date 04.04.2017 Transmission Date N/A.