Patna High CourtCWJC/11337/2017disposed

Hari Narayan Ravidas v. The State Of Bihar And ORS

2018-07-26Justice Smt. Nilu Agrawal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11337 of 2017 ====================================================== Hari Narayan Ravidas, Son of Late Chaitan Ravidas, Resident of VillageDogachh Sonapur, Police Station- Barsoi, District- Katihar. ... ... Petitioner/s

Versus

1. The State of Bihar through Principal Secretary, Food and Civil Supply Dept., Bihar, Patna.

2. The District Magistrate, Katihar, District- Katihar.

3. The District Supply Officer, Katihar, District- Katihar.

4. The Block Supply Officer, Barsoi, District- Katihar.

5. The Sub-Divisional Officer, Barsoi, District- Katihar.

6. The Marketing Officer, Barsoi, District- Katihar. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ansul, Adv.

Mr. Najeeb Ahmad, Adv.

Mr. Thakur Brajesh Singh, Adv.

For the Respondent/s :

Mr. Upendra Pratap Singh, AC to S.C-4 ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 26-07-2018 Learned counsel for the petitioner challenges the order dated 23.02.2011 passed by the Sub-Divisional Officer, Barsoi, Respondent No. 5 in Case No. 31 of 2010 by which his license No. 04 of 88 issued under the Public Distribution Scheme has been cancelled.

Learned counsel for the petitioner submits that the show cause notice was not received by him and the impugned order dated 23.02.2011 has been passed.

Petitioner has an alternative remedy of appeal under Rule 32 of the Bihar Targeted P.D.S. (Control) Order, 2016. He may approach the appellate authority who will consider his

Patna High Court CWJC No.11337 of 2017(2) dt.26-07-2018 2/2 appeal on merit. The limitation would also be considered by the appellate authority considering the fact that the petitioner has challenged that the show cause notice was never received by him and the order was passed behind his back. Learned counsel for the State is present.

This application is accordingly disposed of.

(Nilu Agrawal, J) Arjun/Pragya U