Dindayal Musahar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19472 of 2024 ====================================================== Dindayal Musahar s/o Late Sukaran Musahar @ Shiv Karan @ Hira Lal Musahar resident of village and P.O and Panchayat - Karakat, P.S and Block - Karakat, Dist - Rohtas at Sasaram ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Food and Civil Supply Department, old Secretariate, Bihar, Patna 2.

The Collector, Rohtas at Sasaram 3.

The District Supply Officer, Rohtas at Sasaram 4.

The Sub - Divisional Officer, Bikramganj, Rohta at Sasaram 5.

The Marketing Officer, Bikramganj, Rohtas at Sasaram 6.

The Block Supply Officer, Karakat, Rohta at Sasaram ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pramod Kumar Mallick For the Respondent/s :

Mr.Standing Counsel 08 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 01-11-2025

1. Heard the parties.

2. The petitioner has challenged the order dated 24.09.2024 passed in Case No. 15 / 2024-25 by the respondent no. 4 / Sub Divisional Officer, Bikramganj, Rohtas at Sasaram whereby the P.D.S. license of the petitioner bearing license no. 06 / 2007 has been cancelled.

3. Learned counsel for the State submits that against the order of cancellation passed by Sub Divisional Officer, the petitioner has an alternative and efficacious remedy to file Appeal before the District Magistrate. The petitioner without

Patna High Court CWJC No.19472 of 2024(2) dt.01-11-2025 2/2 exhausting the aforesaid remedy has directly approached this Court in the writ jurisdiction. He, thus, submits that the petitioner may be directed to file Appeal before the District Magistrate, Rohtas at Sasaram as per the Rule 32(ii) of the Bihar Targeted P.D.S. (Control) Order 2016.

4. Considering the aforesaid submissions, the present writ application is disposed with liberty to the petitioner to file Appeal before the District Magistrate, Rohtas at Sasaram. If any such Appeal is filed within 30 days from today, the District Magistrate, Rohtas at Sasaram shall dispose the same in accordance with law on its merit after giving opportunity of hearing to all concerned within a period of four months from the date of filing of Appeal.

5. With the aforesaid direction, the present writ application is disposed.

(Anil Kumar Sinha, J) praful/- U