Patna High CourtCWJC/8222/2015disposed

Rajendra Sah v. The State Of Bihar And ORS

2017-04-06Mr. Justice Shivaji Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8222 of 2015 =========================================================== Rajendra Sah Son of Late Vishwanath Sah, resident of Village- Jogiya Ward No. 13, P.S. - Ramnagar, District- West Champaran. .... .... Petitioner/s

Versus

1. The State of Bihar through the Commissioner -cum-Secretary , Department of Food & Civil Supplies, Govt. of Bihar, Patna.

2. The Collector, West Champaran at Bettiah.

3. The District Supply Officer, West Champaran at Bettiah,

4. The Sub -Divisional Officer-cum-Licencing Authority, Begaha, West Champaran.

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

For the Petitioner/s : Mr. R.S. Sahay, Adv. Mr. Vijay Kr Singh No. 1 For the State : Mr. Md. Nadim Seraj, GP-5 Mr. Dhurendra Kumar, AC to GP-5 =========================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL JUDGMENT Date: 06-04-2017 Heard learned counsel for the petitioner and counsel for the State.

In this case, the petitioner is challenging the order dated 6.4.2013 passed by the Collector, West Champaran at Bettiah affirming the order dated 3.11.2011 passed by the Sub-Divisional Officer, Bagaha, the Licensing Authority, whereby, the P.D.S. Licence No. 66 of 2007 of the petitioner has been cancelled. From the record, it appears that the District Supply Officer has conducted an enquiry, found certain irregularities in running the P.D.S. shop which was the basis for cancellation of the P.D.S. Licence

Patna High Court CWJC No.8222 of 2015 dt.06-04-2017 of the petitioner vide order of the Licensing Authority dated 3.11.2011 which was challenged before the Collector in C.R.M. No. 8/2011-12 and the same was rejected vide order dated 6.4.2013. Learned counsel for the petitioner submits that there is a provision for filing a revision and he wants to file a revision before the Revisional Authority.

Accordingly, the petitioner is permitted to withdraw this application with a liberty to avail the jurisdiction of revisional authority. If such a revision is filed by the petitioner, the Revisional Authority will look into the matter and will dispose of the same by passing a reasoned order within a period of three months from the date of filing of revision application. While considering the issue of limitation, the Revisional Authority will take into account the pendency of this writ application before this Court. This application is, accordingly, dismissed as withdrawn with the aforementioned liberty.

(Shivaji Pandey, J) Rishi/- AFR/NAFR NAFR CAV DATE NA Uploading Date 08.04.2017 Transmission Date NA