Ranjit Kumar Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17543 of 2022 ====================================================== Ranjit Kumar Das, S/o Satyanarayan Das, R/o Village- Haripur, PanchayatHaripur, Block- Raghopur, District- Supaul. ... ... Petitioner/s

Versus

1.

The State of Bihar through Principal Secretary, Food and Civil Supply Department, Govt. of Bihar, Patna.

2.

The District Magistrate-cum- Collector, Supaul. 3.

The Sub- Divisional Officer, Birpur, Supaul.

4.

The Block Supply Officer, Raghopur.

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

For the Petitioner/s :

Mr.Akash Chaturvedi, Adv.

For the Respondent/s :

Mr.S. Raza Ahmad (AAG 5) ====================================================== CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY ORAL ORDER 27-03-2025 Heard the learned counsels for the parties.

2. The present writ petition has been filed for the following relief(s):- "I. For issuance of writ in the nature of certiorari for quashing of order dated 06.05.2022 passed in Appeal Case No. 04 of 2021 by the District Magistrate, Supaul whereby the appeal preferred by the petitioner against the order of cancellation of his PDS license has been rejected without assigning any cogent reason for his dissatisfaction and same has been passed without any consideration and also further assigning any reason being wholly unreasonable and unjustified.

II. For issuance of writ in the nature of certiorari

Patna High Court CWJC No.17543 of 2022(3) dt.27-03-2025 2/3 for quashing of the order dated 15.05.2021 issued vide memo no. 620-2 dated 15.05.2021 by the Sub-Divisional Officer, Birpur whereby the license issued to the petitioner under the Public Distribution System has been cancelled without supplying a copy of enquiry report to the petitioner and without any consideration to the show cause reply and also without granting any opportunity of being heard in complete violation of principle of natural justice.

III. For issuance of writ in the nature of declaration that the entire process of cancellation of PDS license of the petitioner is wholly illegal arbitrary and without jurisdiction and has been taken in complete violation of Principles of natural justice and without assigning any reason and considering the reply as well as affidavits submitted by the petitioner.

IV. For issuance of writ in the nature of mandamus directing the respondent to restore the PDS license of the petitioner and resume the supply of Food Grains with immediate effect.

V. To any other relief/s to which the petitioner is found entitled to in facts and circumstances of the present 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

Patna High Court CWJC No.17543 of 2022(3) dt.27-03-2025 3/3 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. It is needless to mention that before any order is 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 preferably within a period of eight weeks thereof. Any order passed shall be communicated to all the parties.

4. With the above said directions, the writ petition stand disposed of.

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