Manager Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15524 of 2022 ====================================================== Manager Singh S/o Late Bhagat Singh, Resident of Village - Bucheya, P.S.- Sidhwaliya, District - Gopalganj.

... ... Petitioner/s

Versus

1.

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

2.

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

3.

The Divisional Commissioner, Saran at Chapra. 4.

The District Magistrate (Collector), Gopalganj. 5.

The Senior Deputy Collector, Gopalganj.

6.

The S.D.O., Gopalganj.

7.

The District Supply Officer, Gopalganj.

8.

The Block Supply Officer, Gopalganj.

9.

Rahul Singh, S/o - Late Hari Kishun Singh, Resident of Village - Bucheya, P.S. - Sidhwaliya, District - Gopalganj.

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

For the Petitioner/s :

Mr. Akshay Ashish, Adv.

For the Respondent/s :

Mr. Arvind Ujjwal ( Sc 4 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY ORAL ORDER 15-12-2023 Heard the parties.

2. The present writ petition is filed for the following relief(s):- "For issuance of appropriate writ/writs, order/orders, direction/directions for quashing of order dated 29.07.202 passed in Supply Case No. 35/2022 by the Respondent no. 3 Divisional Commissioner,

Patna High Court CWJC No.15524 of 2022(2) dt.15-12-2023 2/3 Saran whereby/whereunder respondent commissioner rejected the revision application preferred by petitioner and affirmed the order passed by appellate and original authority."

3. Without going into the merits or demerits of the case, having regard to the facts that the petitioner has an alternative and effective remedy of filing a representation before the Principal Secretary, under Rule 32(vii) of the Bihar Targeted Public Distribution System (Control) Order, 2016 against the impugned order. The present writ petition is disposed of granting liberty to the petitioner to file a representation before the Principal Secretary challenging the orders of the Revisional/Appellate Authority and the order of cancellation of PDS license within a period of four weeks from today. On such representation being made, the Principal Secretary shall pass necessary orders strictly in accordance with law.

4. It is needless to mention that before passing any order, the petitioner shall be put on notice and given an opportunity of hearing. The entire exercise shall be completed as expeditiously as possibly preferably within a period of six weeks from the date of receipt of the representation. Any order passed shall be communicated to the parties.

5. With the aforesaid observations, the present writ

Patna High Court CWJC No.15524 of 2022(2) dt.15-12-2023 3/3 petition stands disposed off.

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