Awdhesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16821 of 2022 ====================================================== Awdhesh Kumar Son of Late Suraj Paswan, Resident of Village Belmohan, Ward No. 09, Sudairatauli, P.S. Phulpharas, District Madhubani. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Civil Supply Food and Civil Dept, Govt. of Bihar, Patna.

2.

The Principal Secretary, Food Supply Civil Department Government of Bihar, Patna.

3.

The District Magistrate-cum-Collector, Madhubani. 4.

The Sub-Divisional Officer Phulpharas, District- Madhubani. 5.

The District Supply Officer, Madhubani.

6.

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

For the Petitioner/s :

Mr. Anwar Karim, Adv.

For the Respondent/s :

Mr. Arvind Ujjwal ( Sc 4 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY ORAL ORDER 20-12-2023 Heard the learned counsels for the parties.

The present writ petition has been filed for the following relief(s):- "That this is an application for issuance of direction of an appropriate writ, order and direction for quashing the order contend in memo no.

119 dated 26.03.2018 passed by the SubDivisional Officer Phulphara (respondent No. 5) whereby the Public Distribution System license (PDS) of the petitioner has been cancelled as well as for quashing of the appllate order dated

Patna High Court CWJC No.16821 of 2022(3) dt.20-12-2023 2/3 02.08.2022 passed by the learned Collector Madhubani in Supply Appeal No. 23/2018-2019 whereby the appeal preferred by the petitioner has also been rejected and it is further prayed that after quashing of the both order your Lordship may kindly be pleased to restore the petitioner's shop of PDS bearing license no. 29/2007 which has already been renewed from the dated 01.01.2022 to 31.12.2026 and/or pass such other order or orders as may be deemed fit and proper in the facts and circumstances of this case."

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

Patna High Court CWJC No.16821 of 2022(3) dt.20-12-2023 3/3 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 stand disposed off (A. Abhishek Reddy , J) Gauravkr/- U