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Patna High CourtCWJC/21050/2019disposed

Md. Islam v. The State Of Bihar

2024-01-16Mr. Justice A. Abhishek Reddy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.21050 of 2019 ====================================================== Md. Islam S/o Abdul Shakur Resident of Village- Harahinyan, P.O. and P.S.- Sheewaipatti, District- Muzaffarpur.

... ... Petitioner/s

Versus

1.

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

2.

The Collector, Muzaffarpur.

3.

The Sub- Divisional Officer, (East) Muzaffarpur, District- Muzaffarpur. 4.

The Block Supply Officer, Minapur, District- Muzaffarpur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. NK Agarwal, Sr. Adv.

:

Mr. Dhananjaya Nath Tiwari, Adv.

:

Mr. Kumar Rajdeep, Adv.

:

Ms. Diksha Kumari, Adv.

For the Respondent/s :

Mr. Arvind Ujjwal (Sc4) ====================================================== CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY ORAL ORDER 16-01-2024 Heard the learned counsel for the parties.

The present writ petition has been filed for the following reliefs:- "That this is an application for the issuance of appropriate writ/writs, order/orders, directions to the respondents concerned, and for quashing of the order contained in memo no. 653 dated 05.10.2013 passed by the Learned SubDivisional Officer, (East) Muzaffarpur by which the PDS License of the petitioner being license No. 03MNP-02-10 has been cancelled and further for quashing the order dated 15.06.2019 passed by the learned Collector-cum-District Magistrate, Muzaffarpur by which he was pleased to dismissed the statutory appeal filed on behalf of the petitioner and further be pleased to restore the license and supply of the petitioner."

3. Without going into the merits or demerits of the

Patna High Court CWJC No.21050 of 2019(4) dt.16-01-2024 2/2 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