Patna High CourtCWJC/7613/2012disposed

Jaikant Poddar v. The State Of Bihar And ORS

2018-10-01Mr. Justice Vikash Jain2 pages

Patna High Court CWJC No.7613 of 2012 dt.01-10-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7613 of 2012 =========================================================== Jaikant Poddar Son Of Kankir Poddar Resident Of Village - Bhatrandha, P.S.- Ghailar, District - Madhepura .... .... Petitioner/s

Versus

1. The State Of Bihar

2. Commissioner-Cum-Secretary, Department Of Food and Civil Supply, Bihar, Patna

3. District Magistrate, Madhepura

4. District Supply Officer, Madhepura

5. Sub-Divisional Officer, Madhepura

6. Assistant District Supply Officer, Madhepura .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. RANJEET KUMAR SINGH, ADV For the Respondent/s : Mr. PARTH SHARTHI SC10 =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 01-10-2018 The present writ petition has been filed against the order dated 02.12.2011 passed by the learned Collector-cum-Appellate Authority, Madhepura in PDS Appeal Case No. 57/2004 affirming the order dated 08.02.2000 passed by the Sub-Divisional Officer-cum-Licensing Authority, Madhepura whereby and whereunder the petitioner's P.D.S. Licence bearing No. 32/1993 has been cancelled; and for connected reliefs.

2. At the very outset this Court takes note that the petitioner has alternate statutory remedy against the order of cancellation by way of revision before the Commissioner, which has not been availed of by the

Patna High Court CWJC No.7613 of 2012 dt.01-10-2018 petitioner.

3. Learned counsel fro the petitioner fairly accepts that remedy by way of revision is available.

4. In the above circumstances, the writ petition is disposed of with liberty to the petitioner to file appropriate statutory revision against the appellate order dated 02.12.2011,

5. It is made clear that in case such a revision is filed, the concerned authority would have regard to the present proceeding being pursued by the petitioner while considering any issue relating to condonation of delay, if applicable.

(Vikash Jain, J) Chandran AFR/NAFR NAFR CAV DATE NA Uploading Date 01.10.2018 Transmission Date NA