Patna High CourtCWJC/13239/2018disposed

Harendra Kumar Singh v. The State Of Bihar And ORS

2018-08-09Justice Smt. Nilu Agrawal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13239 of 2018 ====================================================== Harendra Kumar Singh, Son of Late Shiv Pujan Singh, Resident of Village+P.O.- Kudarbadha, P.S.- Garkha, District- Saran (Chapra) ... Petitioner

Versus

1. The State of Bihar through its Chief Secretary, Government of Bihar, Patna.

2. The Commissioner Saran Division Chapra.

3. The District Magistrate, Saran (Chapra).

4. The Sub-Divisional Officer, Sadar Chapra (Supply Section).

5. The Circle Officer, Nagra, Saran (Chapra).

6. The Block Supply Officer, Parsa, Saran (Chapra) ... Respondents ====================================================== Appearance :

For the Petitioner :

Mr. Ram Kishore Singh, Adv.

For the Respondents :

Mr. S.Raza Ahmed, AAG V ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 09-08-2018 Heard the learned counsel for the petitioner and the learned counsel appearing for the State.

The petitioner seeks quashing of the order, dated 04.12.2017, contained in Memo No. 2230, passed by the respondent no. 4, the Subdivisional Officer, Sadar, Chapra, whereby the Public Distribution Shop Licence No. 35 of 2016 has been cancelled. The petitioner was served a show cause, dated 16.11.2017, finding certain discrepancies and the complaint of the beneficiaries on the date of inspection, dated 11.11.2017. The petitioner filed his reply to the show cause which was found unsatisfactory, hence, cancellation order, impugned, has been issued.

Learned counsel for the State is present and submits that there is a provision of appeal, as such, this writ application

Patna High Court CWJC No.13239 of 2018(3) dt.09-08-2018 2/2 is not maintainable.

This writ application is disposed of with a liberty to the petitioner to avail the remedy of appeal before the competent authority, i.e., the Collector. The delay would be condoned, if the petitioner prefers the appeal by 23rd August, 2018. (Nilu Agrawal, J) Shamshad/- U