Mithilesh Prasad Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14705 of 2022 ====================================================== Mithilesh Prasad Yadav Son of Ram Niranjan Rai, Resident of Village Sirwara, Post Office-Barri, P.S.-Benipatti, District-Madhubani, Bihar. ... ... Petitioner/s

Versus

1.

The State of Bihar Bihar.

2.

The Principal Secretary, Ministry of Food and Civil Supplies, Bihar, Patna. 3.

The District Magistrate, Madhubani.

4.

The Sub Divisional Officer Madhubani, District Madhubani. 5.

The Assistant District Supply Officer, Madhubani, District Madhubani. 6.

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

For the Petitioner/s :

Mr. Jay Prakash Sharma, Adv.

For the Respondent/s :

Mr. S. Raza Ahmad (Aag5) ====================================================== CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY ORAL ORDER 05-12-2023 Heard the learned counsels for the parties.

The present writ petition has been filed for the following relief(s):- "Quashing of the Memo No.

478 dated 19.08.2019 passed by the Sub Divisional Officer, Benipatti, Madhubani cancelling the PDS License of the petitioner bearing license no. 104/2016 granted under Bihar Targeted Public Distribution System (Control) Order, 2016 as well quashing of the order dated

Patna High Court CWJC No.14705 of 2022(4) dt.05-12-2023 2/3 02.08.2022 passed by District magistrate, Madhubani Passed in Supply Appeal No. 143/2022 where by end where under the District magistrate has rejected the supply appeal No. 143/2022 and has uphold the produce memo no. 478 dated 19.08.2019 cancelling the PDS license no. 104/2016 issue in favour of the petitioner."

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

Patna High Court CWJC No.14705 of 2022(4) dt.05-12-2023 3/3 stand disposed off.

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