Amod Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.24053 of 2019 ====================================================== Amod Kumar Son of late Balmiki Singh, Resident of Village- Jaymangala, Police Station- Sheikhpura, District- Sheikhpura. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Department of Food and Civil Supplies, Government of Bihar, Patna.

2.

The District Magistrate-Cum-Collector, Sheikhpura. 3.

The District Supply Officer, District- Sheikhpura. 4.

The Sub Divisional Officer, Sheikhpura.

5.

The Block Supply Officer, Sheikhpura.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Bipin Kumar For the Respondent/s :

Mr. Arvind Ujjwal (Sc4) ====================================================== CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY ORAL ORDER 30-01-2024 Heard the learned counsel for the parties.

The present writ petition has been filed for the following reliefs:- "(1) For issuance of writ/writs in the nature aside of of passed by certiorari for setting order dated 21.10.2019 passed by the learned Collector, Sheikhpura whereby and whereunder the appeal filed by the petitioner in Supply Appeal Case No. 45 of 2016 had been dismissed and affirming the order dated 23.07.2016 passed by the Sub Divisional Officer, Sheikhpura on 23.07.2016 in Letter issued in Memo No. 249/Supply.

(ii) For issuance for writ/writs in the nature of mandamus commanding the Respondents the licence to of immediately P.D.S. restore dealer in original form which has been granted in Licence No. 2009 01 of 2009 and cancelled on 23.07.2016 by the order of Sub Sheikhpura. Divisional Officer, (iii) For commanding the Respondents as to why without examine all the facts and without perusing the relevant papers the licence of P.D.S. dealer of the petitioner has been cancelled.

(iv) For any other writ/writs, order/ orders, direction/directions, as this Hon'ble Court may deem fit and

Patna High Court CWJC No.24053 of 2019(3) dt.30-01-2024 2/2 proper as the facts and circumstances of this case."

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 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