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Patna High CourtCWJC/11966/2014disposed

Ramanand Paswan v. The State Of Bihar And ORS

2018-07-24Mr. Justice Vikash Jain2 pages

Patna High Court CWJC No.11966 of 2014 dt.24-07-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11966 of 2014 =========================================================== Ramanand Paswan S/o Late Mittan Paswan @ Mittal Paswan Resident of Village- Prabhatinagar, P.S & District- Araria. .... .... Petitioner

Versus

1. The State of Bihar through the Secretary, Department of Registration, Govt. of Bihar, Patna.

2. The Sub Divisional Officer, Araria.

3. The Block Supply Officer, Araria ` .... .... Respondents =========================================================== Appearance :

For the Petitioner : Mr. Anil Prasad Singh For the Respondents : Mr. SC14- DR. ANSHUMAN =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 24-07-2018 The present writ petition has been filed for challenging the order of the Sub-Divisional Officer, Araria contained in memo no. 139 dated 04.02.2011 whereby and whereunder the retail license granted to the petitioner bearing no. 5A/07 for carrying on business as a dealer under the Bihar Trade Articles (License Unification) Order, 1984 has been cancelled.

2. At the very outset, this Court takes note that the petitioner has alternative statutory remedy against the order of cancellation by way of appeal before the Collector, which has not been availed of by the petitioner.

3. Learned counsel for the petitioner fairly accepts that remedy by way of appeal is available.

Patna High Court CWJC No.11966 of 2014 dt.24-07-2018

4. In the above circumstances, the writ petition stands dismissed with liberty to the petitioner to file appropriate statutory appeal against the impugned order of cancellation.

5. It is made clear that in case such an appeal 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 27.07.2018 Transmission Date N.A.