Deo Chandra Roy v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14198 of 2022 ====================================================== Deo Chandra Roy Son of Jaynandan Ray, Resident of Village Bishaul, Ward No. 04, P.O. Sukhet, P.S. Jhanjharpur, District Madhubani. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary-cum-Commissioner, Department of Food and Consumer Protection, Government of Bihar . 2.

The District Magistrate-cum-Collector, Madhubani. 3.

The Sub-Divisional Officer-cum-Licensing Authority, Jhanjharpur, DistrictMadhubani. 4.

The Block Supply Officer, Jhanjharpur, District Madhubani. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Arjun Kumar, Advocate For the Respondent/s :

Mr.S. Raza Ahmad ( AAG 5 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY ORAL ORDER 23-04-2024 Heard the learned counsels for the parties.

2. The present writ petition has been filed for the following relief(s):- "(i) ....................for quashing the order dated 02.08.2022 passed in Supply Appeal Case No.

55/2021-22, Dev Chandra Roy Vs. The State passed by the District Magistrate-cum-Collector, Madhubani and the order vide Memo No. 305 dated 24.08.2021 passed and issued by the Respondent No. 3 (S.D.O. Jhanjharpur) whereby and whereunder the license of the petitioner under the Bihar Targeted Public Distribution System (Control) Order, 2016 has been cancelled as this order cancelling the license of the

Patna High Court CWJC No.14198 of 2022(7) dt.23-04-2024 2/3 petitioner is only for harassing the petitioner and totally against the mandate of law as the petitioner has not been supplied the inspection report in proper form;

(ii) For issuance of writ in the nature of mandamus directing the respondents to restore the allotment of the trade articles pursuant to the quashing of the aforesaid orders passed by the Respondent No. 2 and 3, the District Magistratecum-Collector, Madhubani and the SubDivisional Officer, Jhanjharpur respectively; (iii) For the grant of relief in the nature of declaration that the petitioner having not violated any of the terms and conditions of the license issued in the name of petitioner or any of the provisions of Bihar Targeted Public Distribution System (Control) Order, 2016 could not be proceeded against for cancellation of license by the Respondents on the reasons given in the show cause notice and especially on the reason that the order canceling the license of the petitioner cannot be sustained as it is totally in violation of the provisions of the Control Order, 2016."

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

Patna High Court CWJC No.14198 of 2022(7) dt.23-04-2024 3/3 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 complaint/revision, the Divisional Commissioner shall pass necessary orders strictly in accordance with law within a period of eight 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. Any order passed shall be communicated to the parties.

4. With the above said directions, the writ petition stand disposed off.

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