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Patna High CourtCWJC/13406/2024disposed

Dhrub Prasad @ Dhrub Sah v. The State Of Bihar

2025-01-07Mr. Justice A. Abhishek Reddy3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13406 of 2024 ====================================================== Dhrub Prasad @ Dhrub Sah Son of Late Vishwanath Sah resident of VillageBhasurari, Police Station-Shikarpur, District-West Champaran. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Food and Consumer Protection, Government of Bihar, New Secretariat, Patna. 2.

The Principal Secretary, Food and Consumer Protection, Government of Bihar, Patna.

3.

The Divisional Commissioner, Muzaffarpur.

4.

The District Magistrate, West Champaran, Bettiah. 5.

The Additional District Magistrate, West Champaran, Bettiah. 6.

The Sub Divisional Officer, Narkatiaganj, West Champaran, Bettiah. 7.

The Block Supply Officer, Narkatiaganj, West Champaran, Bettiah. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjeev Kumar Mishra, Adv.

Ms. Manini Jaiswal, Adv.

For the Respondent/s :

Mr. Government Pleader 11 For the State :

Mr. K.N. Jha, AC to GP-11 ====================================================== CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY ORAL ORDER 07-01-2025 Heard the learned counsels for the parties.

The present writ petition has been filed for the following relief(s):- "(i) For quashing the order vide memo no. 157 dated 24.02.2007 issued under the signature of the Respondent sub Divisional Officer whereby and whereunder the PDS licence of the petitioner has been cancelled. (ii) For quashing the order dated 10.04.2024 issued under the signature of Additional District Magistrate, West

Patna High Court CWJC No.13406 of 2024(3) dt.07-01-2025 2/3 Champaran, Bettiah, whereby and whereunder the appeal of the petitioner has been dismissed contrary to the finding recorded by the learned Commissioner and without perusing the contents of the case.

(iii) for restoration of the PDS license No.52/1984 of the Petitioner which has been cancelled due to non-consideration of reply to the showcause submitted by 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.

Patna High Court CWJC No.13406 of 2024(3) dt.07-01-2025 3/3

4. With the above said directions, the writ petition stand disposed of.

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