Udya Nand Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13982 of 2025 ====================================================== Udya Nand Paswan S/o Late Sukdeo Paswan, R/o Village/Hingua Ward nos 12, Po and Panchayat Parmanandpur, PS Raniganj, Dist Araria. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Additional Chief Secretary, Food and Consumer Protection Department, Bihar, Patna. 2.

The Additional Chief Secretary, Food and Consumer Protection Department, Bihar, Patna.

3.

The Collector, Dist. Araria.

4.

The Sub-Divisional Officer, Sub-Division Araria, Dist. Araria. 5.

The Block Supply Officer, Block Raniganj, Dist. Araria. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Gopal Kumar Jha, Adv.

For the Respondent/s :

Mr. Standing Counsel (20) :

Mr. Mahtab Alam, AC to SC20 ====================================================== CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY ORAL ORDER 12-01-2026 Heard the learned counsel for the parties.

The present writ petition has been filed for the following relief(s):- "(i) For issuance of a writ in the nature of certiorari thereby praying to quash the order dated 18.10.2024 passed by the respondent No. 3 the Appellate Authority-cum- Collector, Araria, in PDS Appeal Case No. 40/2023 whereby he has dismissed the appeal preferred by this petitioner against the order dated 12.11.2022 passed by the respondent No. 4 the Licensing Authority- cum- the Sub-divisional Officer, Araria, in respect of PDS License No. 56R/2007 running in the name of this petitioner whereby he has cancelled the aforesaid licence on the allegation of black marketing of 96.74 quintals of rice and 77.45 quintals of wheat without considering the plea of this petitioner and hence, consequently, to quash the abovementioned order also passed by the respondent No. 4 with consequential relief. (ii) For issuance of a writ in the nature of mandamus thereby praying to command, direct or order the respondents to restore the licence No. 56R/2007 for

Patna High Court CWJC No.13982 of 2025(2) dt.12-01-2026 2/2 running the PDS shop to the petitioner.

(iii) Any other order or orders which this Hon'ble Court finds fit and proper in the given facts and circumstances may kindly be passed."

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 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 of.

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