Krishna Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16009 of 2019 ====================================================== Krishna Mahto, S/o Alakh Mahto, Vill.- Chambi, P.o.- Kapur Pakri, BlockChiraia, Distt.- East Champaran ... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna 2.

The Principal Secretary Food and Consumer Protection Department, Old Secretariat, Patna 3.

The District Magistrate East Champaran at Motihari 4.

The Sub Divisional Officer Sikarhana at 2Laka District East Champaran 5.

The Block Development Officer Block Chairman, District- East Champaran 6.

The Block Supply Officer Block Chairman, district East Champaran ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Jitendra Kumar, Adv.

For the State :

Mr. Alok Ranjan, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY ORAL ORDER 16-01-2024 Heard the learned counsels for the parties.

2. The present writ petition has been filed for the following relief(s):- "(i) For quashing and setting aside the order passed by the Sub Divisional Officer, Sikahna, Dhaka vide memo no. 219 dated 17.06.2015 where by and where License of the Petitioner fair price of bearing License No. 118/07-08 has been cancelled which counted in amendment quashing and setting aside the order dated 13.01.2017 passed by the learned District Magistrate, East Champaran at Motihari by Case No. 50/14 contain in amendment whereby and where under

Patna High Court CWJC No.16009 of 2019(4) dt.16-01-2024 2/3 appeal filed by the petitioner against the cancellation order has been rejected and affirmed the cancellation order.

(ii) To issue any appropriated order/direction in the nature of mandamus commanding the respondent concern to restore the Lisence of the petitioner as before and to make allotment for the petition shop.

(iii) Any other relief/s for which petitioner may be found entitled in the facts and circumstances of the present case may be granted.

(iv) During pendency of this writ petition, operation of order dated 17.06.2015 as well as 13.01.2017 may kindly be stayed."

3. Without going into the merits or demerits of the case, having regard to the fact that the petitioner is having an alternative and efficacious remedy of filing a revision under Section 32(vi) of the Control Order 2016. The petitioner is directed to approach the Divisional Commissioner ventilating his grievance within a period of four weeks from the date of the receipt of a copy of this order. On receipt of the revision, the Divisional Commissioner shall pass necessary orders strictly in accordance with law within a period of four weeks thereof. It is needless to mention that before any order is passed, all the parties shall be put on notice and given an opportunity of

Patna High Court CWJC No.16009 of 2019(4) dt.16-01-2024 3/3 hearing and submit their objections. The entire exercise shall be completed as expeditiously as possible preferably within a period of eight weeks thereof. Any order passed shall be communicated to all the parties.

4. With the above said directions, the writ petition stand disposed off Bhardwaj/- (A. Abhishek Reddy , J) U