Nawal Kishore Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17036 of 2022 ====================================================== Nawal Kishore Singh Son of Late Mahendra Singh, Resident of Village - Jiyan Tola Bishunpur, Police Station - Karja, District- Muzaffarpur. ... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

The Secretary, Department of Food and Civil Supply, Government of Bihar, Patna.

3.

The Collector, Muzaffarpur.

4.

The Sub Divisional Officer, East Muzaffarpur. 5.

The District Supply Officer, Muzaffarpur.

6.

The Block Supply Officer, Muzaffarpur.

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

For the Petitioner/s :

Mr. Mazharul Hassan For the Respondent/s :

Mr. Arvind Ujjwal (Sc4) ====================================================== CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY ORAL ORDER 05-12-2023 Heard the learned counsels for the parties.

The present writ petition has been filed for the following relief(s):- "That this an application for issuance of an appropriate writ/writs, order/orders and direction/directions to quash the order dated 16.03.2022 contained in Memo No. 228 passed by Sub Divisional Officer (West), Muzaffarpur whereby and where under the License No.

23050054 of 2016 of the petitioner granted under Public Distribution System (Control) Order, 2001 for running the Fair Price Shop has been cancelled in very capricious manner and beyond the provisions of Control Order 2001 and also quashed the order dated 06.09.2022 passed in Appeal No. 13 of 2022-23 learned

Patna High Court CWJC No.17036 of 2022(3) dt.05-12-2023 2/2 Collector-cum-District Magistrate, Muzaffarpur was pleased to not consider the case of the petitioner."

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. 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 off.

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