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Patna High CourtCWJC/14837/2022disposed

Nand Lal Paswan v. The State Of Bihar

2024-04-16Mr. Justice A. Abhishek Reddy3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14837 of 2022 ====================================================== Nand Lal Paswan, son of Late Dhurkheli Paswan, Resident of VillageChauramalpure, P.S.-Daniyawa, District-Patna. ... ... Petitioner/s

Versus

1.

The State of Bihar through Secretary, Food and Civil Supply, Consumer Protection Department, Old Secretariat, Patna, Bihar. 2.

The Collector, Patna.

3.

The Sub-Divisional Officer, Patna City, Patna. 4.

The BSO, Khusrupur, Patna.

5.

The Supply Inspector, Khusrupur, Patna.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Vijay Anand, Advocate For the Respondent/s :

Mr.S. Raza Ahmad ( AAG 5 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY ORAL ORDER 16-04-2024 Heard the learned counsels for the parties.

2. The present writ petition has been filed for the following relief(s):- "(i) For challenging the order dated 29.6.2022 passed by District Magistrate, Patna in Supply Appeal No. 10/2005-06 whereby and whereunder the appeal preferred by the petitioner was rejected and affirming the order of S.D.O dated 21.7.2000.

(ii) For challenging the order dated 21.07.2000 contained in Memo No. 30 whereby and whereunder the license granted to the petitioner

Patna High Court CWJC No.14837 of 2022(2) dt.16-04-2024 2/3 for carried on the business of a Public Distribution Shop being license no. 27/91 was cancelled on the ground that he has failed to produce any evidence."

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. The Revisional Authority shall take into consideration the order passed by a Bench of this Court vide order dated 07.07.2017 in CWJC No. 19840 of 2016.

4. With the above said directions, the writ petition

Patna High Court CWJC No.14837 of 2022(2) dt.16-04-2024 3/3 stand disposed of.

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