Patna High CourtCWJC/19558/2014disposed

Dinanath Singh @ Deenanath Singh v. The State Of Bihar And ORS

2018-08-02Mr. Justice Vikash Jain2 pages

Patna High Court CWJC No.19558 of 2014 dt.02-08-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19558 of 2014 =========================================================== Dinanath Singh @ Deenanath Singh S/o Mahtam Singh resident of village - Narhan, P.S. Raghunathpur, District - Siwan.

.... .... Petitioner/s

Versus

1. The State of Bihar through Collector cum District Magistrate, Siwan.

2. The Sub-Divisional Officer, Siwan.

3. The Block Supply Officer, Raghunathpur, Siwan. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Anurag Saurav, Adv For the Respondent/s : Mr. Anil Kumar Singh, AC to GP 26 =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 02-08-2018 The present writ petition has been filed for quashing the order dated 06.05.2013 passed by the Sub-Divisional Officer-cum-Licensing Authority, Siwan (respondent no. 2) as also the appellate order dated 27.05.2014 passed by the learned District Magistrate-cumCollector, Siwan in Appeal Case No. 43/2013-14 whereby and whereunder the petitioner's P.D.S. Licence bearing No. 889/2007 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.19558 of 2014 dt.02-08-2018 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/BT AFR/NAFR NAFR CAV DATE NA Uploading Date 06.08.2018 Transmission Date NA