Nityanand Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12605 of 2023 ====================================================== Nityanand Yadav son of Nunu Lal Yadav, Resident of Village-Nathpur, P.s.- Narpatganj, district-Araria, Bihar PIN-854335 ... Petitioner

Versus

1.

The State of Bihar through the Principal Secretary, Food and Civil Supplies Department, Government of Bihar, Patna.

2.

The Divisional Commissioner, Purnea.

3.

The District Collector, Araria.

4.

The District Supply Officer, Araria.

5.

The Sub-Divisional Officer, Forbesganj.

6.

The Block Supply Officer, Forbesganj, Araria. ... Respondents ====================================================== Appearance :

For the Petitioner :

Mr.Sanjay Kumar, Adv.

For the Respondents :

Mr. Anisul Haque, AC to AAG V ====================================================== CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY ORAL ORDER 03-10-2024 Heard the learned counsel for the parties.

2. Without going into the merits or demerits of the case, having regard to the fact that the petitioner has an alternative and effective remedy of filing a representation before the Principal Secretary, under Rule 32 (vii) of the Bihar Targeted Public Distribution System (Control) Order, 2016, against the impugned order. The present writ petition is disposed off granting liberty to the petitioner to file a representation before the Principal Secretary challenging the order of the Revisional/Appellate Authority and order of cancellation withing a period of twelve weeks from today. On such representation being made, the Principal Secretary shall pass

Patna High Court CWJC No.12605 of 2023(4) dt.03-10-2024 2/2 necessary orders strictly in accordance with law.

2. It is needless to mention that before passing any orders the petitioner shall be put on notice and given an opportunity of hearing. The entire exercise shall be completed within a period of twelve weeks from the date of receipt of the representation. Any orders passed shall be communicated to the party.

3. With the above observations, the present writ petition stands disposed off.

(A. Abhishek Reddy , J) Shamshad/- U