Indradev Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19640 of 2019 ====================================================== Indradev Singh, aged about 64 years, Male, S/o Bujhawan Singh R/o VillagePirapur Mathura, P.S.- Goraul, Block- Goraul, District- Vaishali, having licence no. 33/16 P.D.S. Dealer at Pirapur Mathura ... ... Petitioner/s

Versus

1.

The State of Bihar through its Principal Secretary, Govt. of Bihar, Patna. 2.

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

3.

The District Magistrate Vaishali at Hajipur.

4.

The District Supply Officer Vaishali at Hajipur. 5.

The Sub-Divisional Officer Mahua, Vaishali.

6.

The Sub-Divisional Supply Officer, Mahua, Vaishali. 7.

The Block Development Officer Goraul, Vaishali. 8.

The Block Supply Officer Goraul, Vaishali.

9.

The Marketing Officer Goraul, Vaishali.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Kaushal Kishor, Adv.

For the Respondent/s :

Mr. Arvind Ujjawal ( SC 4 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY ORAL ORDER 16-01-2024 Heard learned counsel for the parties.

2. The present Writ Petition has been filled for the following reliefs:- "That the instant writ application is being filed in the nature of certioran to quash the order dated 09.1.2019, passed by Sub Divisional Officer, Mahua Vaishali whereby and whereunder public distribution system licence of petitioner having licence no.

33/16 has been cancelled on the basis of several allegation contained in impugned

Patna High Court CWJC No.19640 of 2019(2) dt.16-01-2024 2/3 order and further give direction to restore licence of the petitioner and further other consequential benefit to the petitioner."

3. Even though, the learned counsel appearing on behalf of the petitioner has argued at length on merits of the case, this Court is not inclined to entertain the present writ petition, having regard to the facts that the petitioner has an alternative and efficacious remedy of preferring a statutory appeal before the District Magistrate-cum-Collector, Patna, under Clause 32(3) of the Bihar Targeted Public Distribution System (Control) Order, 2016. The present writ petition is disposed off directing the petitioner to approach the District Magistrate-cum- Collector, Vaishali at Hajipur (Respondent No.

3) by way of appeal within a period of two weeks from today. On such appeal being filed, the District Magistrate-cumCollector, Vaishali at Hajipur (Respondent No. 3) shall consider the same on merits and pass a reasoned orders in accordance with law.

4. It is needless to mention that before passing any order, the authorities concerned shall give an opportunity of hearing to the petitioner. The entire exercise shall be completed as expeditiously as possible preferably within a period of eight weeks from the date of filing of the appeal by the petitioner.

Patna High Court CWJC No.19640 of 2019(2) dt.16-01-2024 3/3 Any order passed shall be communicated to the parties.

5. With the above directions, the present writ petition stands disposed off to the extent indicated.

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