Ramdular Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.19478 of 2025 ====================================================== Ramdular Yadav Son of Late Tittu Yadav @ Teetu Yadav, Resident of VillageGhoshpur, Post Office and Gram Panchayat- Farka, Police Station and BlockSabour, District- Bhagalpur. ... ... Petitioner/s
Versus
1.
The State of Bihar through the Secretary, Department of Food and Consumer Protection, Government of Bihar Patna.
2.
The District Magistrate Cum Collector, Bhagalpur. 3.
Sub-Divisional Officer, Sadar Licensing Authority Bhagalpur. 4.
District Supply Officer, Bhagalpur.
5.
District Manager, Bihar State Food Corporation, Bhagalpur. 6.
Assistant Godown Manager, Bihar State Food Corporation, Bhagalpur. 7.
Block Supply Officer, Sabour, Bhagalpur.
8.
Assistant Sub-Inspector of Police, Sabour Police Station, Bhagalpur. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Md. Nurul Hoda, Adv.
:
Mr. Satish Chandra Mishra, Adv.
For BSFC :
Mr. Niraj Kumar, Adv.
For the Respondent/s :
Mr. Mr. Ajay, Government Advocate (05) :
Mr. Rakesh Kumar Ranjan, AC to GA5 ====================================================== CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY ORAL ORDER 02-02-2026 Heard the learned counsel 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, order or direction for setting aside the order as contained in Memo no. 325/Supply dated 31.03.2023 passed by learned Licensing Authority cum Sub Divisional Officer Sadar, Bhagalpur whereby and whereunder he cancelled the License of the petitioner Public Distribution System Dealer bearing License No. 35/2016 with immediate effect, particularly on the ground of lodging of the First Information Report
Patna High Court CWJC No.19478 of 2025(2) dt.02-02-2026 2/3 against him by the Block Supply Officer, Sabour (Bhagalpur) for the alleged offence under sections 406, 409 of the Indian Penal Code and section 7 of the Essential Commodities Act, bearing Sabour P.S. Case No. 530/2022 dated 30.11.2022 for the alleged irregularities, as well as for setting aside the order dated 07.07.2025 passed by learned District Magistrate cum Collector, Bhagalpur in Miscellaneous Supply Appeal Case No. 72/2023-24 whereunder he dismissed the Appeal preferred by the petitioner against the order of cancellation of his license and affirmed the aforesaid order passed by learned Sub-Divisional Officer Sadar, Bhagalpur as contained in Memo No. 325/Supply dated 31.03.2023, and or pass such other order or orders as your lordships may deem fit and proper under the facts and circumstances of the 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
Patna High Court CWJC No.19478 of 2025(2) dt.02-02-2026 3/3 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 of.
(A. Abhishek Reddy , J) Ayush/- U