Uma Shankar Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17203 of 2025 ====================================================== Uma Shankar Paswan, Son of Late Ramjapo Paswan, Resident of Ward 11, Godah, P.S.- Hasanpur, District- Samastipur.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Food and Consumer Protection Department, Old Secretariat, Patna. 2.

The District Magistrate, District- Samastipur. 3.

The Sub-Divisional Officer, Rosera, District- Samastipur. 4.

The Block Supply Officer, Hasanpur, District- Samastipur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Kumar Gaurav, Adv.

For the Respondent/s :

Mr.Government Pleader (24) ====================================================== CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY ORAL ORDER 21-01-2026 Heard the learned counsels for the parties.

2. The present writ petition has been filed for the following relief(s):- "A. Certiorari for quashing and setting aside the order dated 14.08.2006 passed by the learned collector cum District Magistrate, Samastipur in PDS Appeal Case No. 517/2000 contained therein Annexure -P/1(Series) whereby & where under appeal filed by the petitioner against the cancellation order has been rejected only on the ground of default in continued absence.

B. Certiorari for quashing and setting aside order passed by the Sub Divisional Officer, Rosera vide Memo No.412 dated 10.07.2000 whereby and where under license of the petitioner P. D.S

Patna High Court CWJC No.17203 of 2025(2) dt.21-01-2026 2/3 shop bearing License No. 5/1998 was cancelled on the contrary of the provision of licensing order in terms & Condition under which the license of P.D.S shop was granted to him contained therein Annexure -P/1(Series).

C. Mandamus commanding the licensing authority Cum S.D.O, Rosera to restore the license of the P.D.S Shop of the petitioner as well as reinstate Resume the monthly allotment of food grains & consumers of the petitioner shop as same as before.

D. Any other relief or reliefs for which the petitioner may be found entitled in the fact and circumstances of the present case may be granted to him."

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

Patna High Court CWJC No.17203 of 2025(2) dt.21-01-2026 3/3 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