Panchdev Sah, v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14311 of 2019 ====================================================== Panchdev Sah, S/o Late Bhadoi Sah, Resident of Village- Laguni, P.S.- Daudpur, District- Saran.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Secretary, Department of Food and Consumer Protection, Government of Bihar, Patna.

2.

The Collector, Saran at Chapra.

3.

The Sub Divisional Officer, Sadar Chapra.

4.

The Block Supply Officer, Manjhi, Chapra.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dhananjaya Nath Tiwari For the Respondent/s :

Mr. S. Raza Ahmad ( AAG 5 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR and HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER (Per: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR) 03-08-2022 Heard Mr. Shashi Bhushan Kumar Manglam, learned Advocate for the petitioner and Mr. Anisul Haque, for the State.

The license of the petitioner has been cancelled on the basis of the inspection report, identifying many lapses on

Patna High Court CWJC No.14311 of 2019(3) dt.03-08-2022 2/3 the part of the petitioner in running his Public Distribution Shop.

The learned counsel for the petitioner has submitted that the copy of the inspection report was never made available to the petitioner for him to effectively represent his case.

However, from the impugned order, it appears that all the charges against the petitioner and his representation in support of his cause, have been adverted to by the Licensing Authority.

Since there is a provision for appeal, we are not persuaded to entertain this petition for the reason that the petitioner must exhaust his legal remedies before approaching this Court under Article 226 of the Constitution of India.

If an appeal is filed within a period of 30 days from today, the same shall be taken up by the Appellate Authority and after providing the petitioner with a copy of the inquiry report as also eliciting his response, a final order shall be passed within the next 60 days, with reasons in support of

Patna High Court CWJC No.14311 of 2019(3) dt.03-08-2022 3/3 the aforesaid order.

No sooner the order shall be passed by the Licensing Authority, that shall be communicated to the petitioner.

With the aforesaid observation/direction, the writ petition stands disposed of.

(Ashutosh Kumar, J) ( Jitendra Kumar, J) skm/ashishkr/- U