Ajit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14805 of 2023 ====================================================== Ajit Kumar S/o Surendra Singh, Resident of Mohalla - Barav, P.O. - Barav, Block and P.S. - Nokha, District- Rohtas (Bihar). ... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Food Supply Department Government of Bihar, Patna.

2.

The District Magistrate, Rohtas, Sasaram.

3.

The District Food Supply Officer, Rohtas, Sasaram. 4.

The Sub-Divisional Officer Cum License Officer, Sasaram. 5.

The Block Development Officer, Nokha, Sasaram. 6.

The Block Supply Officer, Block - Nokha, Sasaram. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Subodh Kumar, Adv.

Mr. Prakash Chandra, Adv.

For the Respondent/s :

Mr. Arvind Ujjwal ( SC 4 ).

====================================================== CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY ORAL ORDER 04-12-2023 Heard learned counsel for the parties.

2. The present Writ Petition has been filled for the following reliefs:- (i) ....for setting aside the order dated 21-7-2023 passed in Supply Appeal Case No. 20/2022 (Ajit kumar Vs The State) passed by learned court of District Collector-cumDistrict Magistrate, Rohtas (Sasaram) whereby and whereunder the aforesaid appeal has been dismissed and the order dated 23-72022 passed by the License officer-cum-SubDivisional Officer, Sasaram in case No.- 07/2022-23 has been confirmed and petitioner PDS (Public Distribution System) license No07/2020 (FPS ID-123400100729) Panchay-

Patna High Court CWJC No.14805 of 2023(2) dt.04-12-2023 2/3 North Barav Block-Nokha District- Rohtas has cancelled by the Sub-Divisional Officer, Sasaram without proper hearing of the petitioner.

(ii) To issue writ/writs, direction/directions, order /orders against the respondent authority to re-store the petitioner PDS (Public Distribution System) license No07/2020 (FPS ID- 123400100729) in Panchayat- North Barav Block- Nokha, District- Rohtas.

(iii) To issue writ/writs, direction/directions,order /orders against the respondent authorities to which the petitioner found entitle under the facts and circumstances of the 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.

4. It is needless to mention that before any order passed, all the parties shall be put on notice and given an opportunity of hearing and submit their objections. The entire exercise shall be completed as expeditiously as possible

Patna High Court CWJC No.14805 of 2023(2) dt.04-12-2023 3/3 preferably within a period of eight weeks thereof. Any order passed shall be communicated to all the parties.

5. With the above directions, the present Writ petition stands disposed off to the extent indicated above. (A. Abhishek Reddy , J) shakir/- U