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Patna High CourtCWJC/17893/2023disposed

Lalita Devi v. The State Of Bihar

2025-11-07Mr. Justice Anil Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17893 of 2023 ====================================================== Lalita Devi Wife of Sudhanshu Kumar, resident of M.S. Yaduwansh Nagar, Village-Bharatkhand, P.s.-Parbatta, Bhalkhar, District-Khagaria. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Secretary, Food and Supply, Govt. of Bihar, New Secretariat, Patna.

2.

The District Magistrate, Khagaria.

3.

The Sub Divisional Officer, Gogri, District-Khagaria. 4.

The District Supply Officer, Khagaria.

5.

The Block Supply Officer, Parbatta, District-Khagaria. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bandana Singh For the Respondent/s :

Mr.Vinay Kirti Singh (Ga2) ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 07-11-2025

1. Heard learned Counsel for the parties concerned.

2. The petitioner has challenged the order dated 22.11.2022, passed, in Supply Case No. 01 of 2022-23, by the respondent no. 3- Sub Divisional Officer, Khagaria, whereby the P.D.S. license of the petitioner bearing license no. 03P/2019 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 exhausting the aforesaid remedy has directly

Patna High Court CWJC No.17893 of 2023(2) dt.07-11-2025 2/2 approached this Court in the writ jurisdiction. He, thus, submits that the petitioner may be directed to file appeal before the District Magistrate, Khagaria, as per the Rule 32(iii) of the Bihar Targeted P.D.S. (Control) Order 2016.

4. Considering the aforesaid submissions, the petitioner is given liberty to file an appeal before the District Magistrate, Khagaria. If any such appeal is filed within a period of thirty days from today, the District Magistrate, Khagaria, 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 observation and direction, the present writ application is disposed.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √