Patna High CourtCWJC/11074/2018disposed

Dayanand Jha v. The State Of Bihar And ORS

2018-06-26Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11074 of 2018 =========================================================== Dayanand Jha, Son of Late Pradeep Jha, Resident of village + P.O. Kabela, Police Station Parbatta, District Khagaria .... .... Petitioner

Versus

1. The State of Bihar through the Principal Secretary, Food and Civil Supplies, Old Secretariat, Patna.

2. The District Magistrate, Khagaria

3. The Sub-Divisional Officer-cum-Licensing Officer, Gogri, District Khagaria.

4. The Block Supply Officer, Parbhatta, District Khagaria. .... .... Respondents =========================================================== Appearance :

For the Petitioner : Mr. Mukul Prasad, Advocate For the Respondents : Mr. Alok Ranjan, AC to AAG-5 =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 26-06-2018 Heard learned counsel for the petitioner as well as learned counsel for the respondents.

2. The present writ petition has been filed for quashing the order dated 06.06.2017 as contained in Memo No. 1772 passed by the Sub-Divisional Officer-Cum-Licensing Officer, Gogri (Annexure-2 ); and for connected reliefs.

3. At the very outset, this Court takes note that remedy by way of revision before the Divisional Commissioner is available to the petitioner against the impugned order dated 03.04.2018 passed in E.C. Appeal No. 08 of 2017-18, which has not been availed of by the petitioner.

Patna High Court CWJC No.11074 of 2018 dt.26-06-2018 2/2

4. 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.

5. 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) B.T/Chandran AFR/NAFR NAFR CAV DATE N.A.

Uploading Date 05.07.2018 Transmission Date N.A.