Ashok Kumar v. The State Of Bihar And ORS

Patna High Court CWJC No.15181 of 2016 dt.05-07-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15181 of 2016 =========================================================== 1\Ashok Kumar son of Sri Ram Bachan Singh Resident of Village+ Post-Pawa, P.S. Deep Nagar, District-Nalanda .... .... Petitioner/s

Versus

1. The State of Bihar

2. The Principal Secretary, Food and Consumer Protection, Department Bihar, Patna

3. The District Magistrate-cum-Chairman, District Level Selection Committee, Nalanda

4. The District Supply Officer, Nalanda

5. The Sub-Divisional Officer, Bihar Sharif, Nalanda

6. The Block Supply Officer, Bihar Sharif, Nalanda

7. The District Co-operative Officer, Bihar Sharif, Nalanda

8. The Ex-Officio SC/ST Member of Selection Committee, Bihar Sharif, Nalanda .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Ajey Kumar For the Respondent/s : Mr. SMT.NAMRATA MISHRA-GA6 =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 05-07-2018 The present writ petition has been filed for quashing the order dated contained in memo no. 213 dated 17.03.2015 passed by the Sub Divisional Officer, Biharsharif as also the appellate order dated 26.07.2016 passed by the District Magistrate, Nalanda in Supply Appeal No. 07/2016 whereby the PDS dealership of the petitioner, bearing Licence No. 68/2010 has been cancelled.

2. At the very outset, this Court takes note that remedy by way of revision before the Divisional Commissioner is available to the

Patna High Court CWJC No.15181 of 2016 dt.05-07-2018 petitioner against the impugned order passed in Supply Appeal No. 07/2016 which has not been availed of by the petitioner.

3. In view of availability of the alternative remedy as above, this Court is not inclined to interfere in the matter. The writ petition stands dismissed with liberty to the petitioner to file a revision petition before the Divisional Commissioner for redressal of his grievances.

4. It is made clear that in case such a revision petition is filed, the concerned authority would have regard to the present proceeding being pursued by the petitioner, while considering any issue relating to condonation of delay, if applicable.

(Vikash Jain, J) Chandran/BT AFR/NAFR NAFR CAV DATE NA Uploading Date 10.07.2018 Transmission Date NA