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Patna High CourtCWJC/15049/2014disposed

Balmiki Sharma v. The State Of Bihar And ORS

2018-08-10Mr. Justice Vikash Jain2 pages

Patna High Court CWJC No.15049 of 2014 dt.10-08-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15049 of 2014 =========================================================== Balmiki Sharma Son of Late Basudeo Singh resident of Village- Panki, P.S. Silao, District- Nalanda .... .... Petitioner/s

Versus

1. The State of Bihar

2. The Principal Secretary, Food & Consumer Protection Department, Government of Bihar, Patna

3. The Collector-cum-Appellate Authority, Nalanda

4. The Sub-Divisional Officer, Rajgir, Nalanda

5. The Block Supply Officer, Silao, Nalanda .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Raghwanand, Adv For the Respondent/s : Mr. SC-17 ARVIND KUMAR-2 =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 10-08-2018 The present writ petition has been filed against the order dated 24.06.2014 passed by the learned Collector-cum-Appellate Authority, Nalanda in Supply Case No. 09/2010 affirming the order dated 13.05.2010 passed by the Sub-Divisional Officer-cum-Licensing Authority, Rajgir whereby and whereunder the petitioner's P.D.S. Licence bearing No. 67/2007 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

Patna High Court CWJC No.15049 of 2014 dt.10-08-2018 petitioner.

3. Learned counsel fro the petitioner fairly accepts that remedy by way of revision is available.

4. In the above circumstances, the writ petition is disposed of with liberty to the petitioner to file appropriate statutory revision against the appellate order dated 24.06.2014.

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 14.08.2018 Transmission Date NA