Sawan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17985 of 2022 ====================================================== Sawan Kumar Son of Bindeshwar Paswan resident of Padmaul ward no. 8, P.S.- Kurhni, District- Muzaffarpur having licence No. 23150157/2018 PSDS Dealer, Jagarnathpur Panchayat, Kurhni, Muzafferpur. ... Petitioner

Versus

1.

The State of Bihar through its Principal Secretary, Government of Bihar, Patna.

2.

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

3.

The District Magistrate, Muzaffarpur.

4.

The District Supply Officer, Muzaffarpur.

5.

The District Manager, Bihar State and Food Corporation, Muzaffarpur. 6.

The Sub-Divisional Officer, West Muzaffarpur. 7.

The Block Development Officer, Kurdhi, Muzaffarpur. 8.

The Block Supply Officer, Kurdhi, Muzaffarpur. 9.

The Marketing Officer, Kurdhi, Muzaffarpur. ... Respondents ====================================================== Appearance :

For the Petitioner :

Mr.Kaushal Kishor, Adv.

For the State :

Mr. Anisul Haque, AC to AAG V For the Corporation :

M/s Shailendra Kumar Singh & Utkarsh Utpal, Advs.

====================================================== CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY ORAL ORDER 10-09-2024 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 fact 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 of granting liberty to the petitioner to approach the District

Patna High Court CWJC No.17985 of 2022(9) dt.10-09-2024 2/2 Magistrate-cum-Collector, Patna (Respondent No. 3) by way of appeal within a period of two weeks from today. On such appeal being filed, the District Magistrate-cum-Collector, Patna (Respondent No. 3) shall consider the same on merits and pass a reasoned orders in accordance with law.

2. 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. Any order passed shall be communicated to the parties.

3. Accordingly, the present writ petition stands disposed of.

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