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Patna High CourtCWJC/21259/2014disposed

Md. Kamil Akhtar v. The State Of Bihar And ORS

2018-07-12Mr. Justice Vikash Jain2 pages

Patna High Court CWJC No.21259 of 2014 dt.12-07-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.21259 of 2014 =========================================================== Md. Kamil Akhtar son of Late Maulavi Hanif resident of village - Fudkipur, Panchayat - Dahaniya, Block - Azamnagar, District - Katihar .... .... Petitioner/s

Versus

1. The State of Bihar through the Collector, Katihar.

2. The Sub - Divisional Officer , barsoi, Katihar

3. The Senior Deputy Collector , Katihar

4. the Block Supply Officer , Azamnagar , District - Katihar. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Siddharth Harsh, Adv For the Respondent/s : Mr. GAUTAM BOSE =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 12-07-2018 The present writ petition has been filed against the order dated 12.10..2011 passed by the Sub-Divisional Officer, Barsoi, Katihar (respondent no. 2) as also the appellate order dated 26.08.2014 passed by the learned District Magistrate, Katihar, in Supply Appeal No. 249 of 201415 whereby and whereunder the petitioner's P.D.S. Licence bearing No. 20 of 1990 has been cancelled; and for connected reliefs.

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

3. Learned counsel fro the petitioner fairly accepts that remedy by

Patna High Court CWJC No.21259 of 2014 dt.12-07-2018 way of revision is available.

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

5. It is made clear that in case such a revision 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) Chandran AFR/NAFR NAFR CAV DATE NA Uploading Date 18.07.2018 Transmission Date NA