Amrendra Kumar Singh v. The State Of Bihar And ORS

Patna High Court CWJC No.8072 of 2014 dt.28-06-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8072 of 2014 =========================================================== Amrendra Kumar Singh Son of Sri Deo Narayan Singh, Resident of Village:- Parmanandpur, P.S.:- Kumarkhand, District:- Madhepura .... .... Petitioner

Versus

1. The State of Bihar through the Secretary, Food & Supply Department, Govt. of Bihar, Patna

2. The Secretary, Food & Supply Department, Govt. of Bihar, Patna

3. The District Magistrate, Madhepura

4. The District Supply Officer, Madhepura

5. The Sub-Divisional Officer-cum-Licensing Authority, Madhepura

6. The Block Supply Officer, Kumarkhand, District- Madhepura .... .... Respondents =========================================================== Appearance :

For the Petitioner : Mr. Ambika Bhagat, Advocate. For the Respondents : Mr. Anil Kumar Sinha, GA-9 =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 28-06-2018 Heard learned counsel for the petitioner as well as learned counsel for the respondents.

2. The present writ petition has been filed for setting the order dated 21.01.2014 passed in Public Distribution System License Appeal No. 08/2012 by the respondent District Magistrate, Madhepura who was pleased to reject the appeal and confirmed the order dated 25.05.2012 passed by respondent Sub-Divisional Officer-Cum-License Authority, Madhepura, who cancelled the license no. 238 of 2007 of the petitioner.

3. At the very outset, this Court takes note that remedy

Patna High Court CWJC No.8072 of 2014 dt.28-06-2018 by way of revision before the Divisional Commissioner is available to the petitioner against the impugned order dated 21.01.2014 passed in Public Distribution System License Appeal No. 08 of 2012, which has not been availed of by the petitioner.

4. 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.

5. 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) Md. Ibrarul/BT AFR/NAFR NAFR CAV DATE N.A.

Uploading Date 02.07.2018 Transmission Date N.A.