Chhotelal Prasad v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.20315 of 2014 =========================================================== Chhotelal Prasad S/o Late Sheo Pujan Prasad, Resident of Village-Amwa Majhar, P.S. - Bettiah Muffasil, District - West Champaran .... .... Petitioner

Versus

1. The State of Bihar through the Principal Secretary, Department of Food and Consumer Protection, Govt. of Bihar, Patna

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

3. The Divisional Commissioner, Tirhut Division, Muzaffarpur

4. The Collector cum District Magistrate, West Champaran at Bettiah

5. The District Supply Officer, Bettiah, West Champaran

6. The Sub Divisional Officer, Bettiah Sadar, Bettiah, West Champaran

7. The Block Supply Officer-cum-Marketing Officer, Majhaulia Block, Majhaulia, West Champaran .... .... Respondents =========================================================== Appearance :

For the Petitioner : Mr. Sanjeev Kumar, Advocate For the Respondents : Mr. Mujtabaul Haque, GP 12 =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 27-07-2018 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 22.09.2014 passed in PDS Revision Case No. 78/2013 by the respondent no. 3 whereby and whereunder he upheld the appellate order dated 12.01.2013 passed by the respondent no. 4 in Case No. CRM-5/2011-12 upholding the order dated 07.05.2011 contained in memo No. 251 passed by the respondent no. 6 whereby and whereunder the PDS license no. 7/88 (old) corresponding to license no. 47/2007 (new) has been cancelled; and for connected

Patna High Court CWJC No.20315 of 2014 dt.27-07-2018 2/2 reliefs.

3. At the very outset, this Court takes note that the grievance of the present nature may be raised before the Principal Secretary/Secretary, Food and Consumer Protection Department as provided under Clause 15(e) of the Public Distribution System (Control) Order, 2001, as amended in 2011.

4. The writ petition accordingly stands disposed of with liberty to the petitioner to approach the said Authority. If any such petition is filed within a period of two weeks from today, the same may be considered and disposed of after grant of opportunity of hearing to the parties in accordance with law, expeditiously and in any event preferably within a period of three months thereafter (Vikash Jain, J) B.T/Chandran AFR/NAFR NAFR CAV DATE N.A.

Uploading Date 02.08.2018 Transmission Date N.A.