Ram Sakal Rai v. The State Of Bihar,

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17799 of 2024 ====================================================== Ram Sakal Rai Son of Late Nathuni Rai Resident of Village- Mahamadpur Mahamda, Tole- Bhagwanpur, P.S- Baruraj, District- Muzaffarpur. ... ... Petitioner/s

Versus

1.

The State of Bihar, through the Principle Secretary, Food and Consumer Protection Department, Government of Bihar, Patna. 2.

The Collector cum District Magistrate, Muzaffarpur. 3.

The Sub-Divisional Officer cum Licensee Officer, (West), Muzaffarpur. 4.

The District Supply Officer, Muzaffarpur.

5.

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

For the Petitioner/s :

Mr. Jai Prakash Verma, Adv.

For the Respondent/s :

Mr. Standing Counsel 28 ====================================================== CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY ORAL ORDER 20-12-2024 Heard the learned counsels for the parties.

The present writ petition has been filed for the following relief(s):- "That, this is an application for issuance of an appropriate writ/writs, order/orders, direction/directions in the nature of mandamus/certiorari for quashing of order dated 24.06.2024 passed in Supply Appeal Case no. 12/2023-24 by the Learned Collector cum District Magistrate, Muzaffarpur (Respondent No. 2 herein), whereby and where under said appeal of the petitioner dated 3.8.2023 has been rejected and by which order passed by the SubDivisional Officer, West Muzaffarpur, (Respondent No. 3 herein) as contained in

Patna High Court CWJC No.17799 of 2024(2) dt.20-12-2024 2/3 memo no. 1049/supply dated 20.09.2023 cancelling P.D.S. License no. 23020065/2016 of the petitioner has been affirmed observing therein that order passed by the court below is speaking and in accordance with law and there is no need of any kind of itnereference in it and further prayer for a direction to the respondent no. 3 to restored the P.D.S. Shop of the petitioner bearing License no. 23020064/2016, with respect to Gram Panchayat Raj, Mahamadpur Mahamda, Blcok-Motipur, DisttMuzaffarpur, and for the other necessary relief or reliefs for which the petitioner is entitle to in accordance with law."

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

Patna High Court CWJC No.17799 of 2024(2) dt.20-12-2024 3/3 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) Gauravkr/- U