Petitioner challenged cancellation of PDS license via writ, despite existence of statutory appeal. Court held appeal is proper remedy and dismissed writ with liberty to file delayed appeal.
Writ application disposed with liberty to file appeal before Collector, West Champaran.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.8879 of 2012
====================================================== Prabhu Ram S/O Late Prasad Ram R/O Village- Jaukatia, P.S.- Majhaulia, District- West Champaran .... .... Petitioner Versus 1. The State of Bihar through the Collector West Champaran, Bettiah 2. The Collector-cum-District Magistrate, West Champaran, Bettiah 3. The District Supply Officer, West Champaran, Bettiah 4. The Sub Divisional Officer, Bettiah Sadar, Bettiah, West Champaran 5. The Block Supply Officer, Majhaulia Block,Majhaulia, West Champaran 6. The Block Development Officer, Majhaulia Block, Majhaulia, West Champaran .... .... Respondents ====================================================== Appearance : For the Petitioner/s : Mr. Sanjeev Kumar No.1, Advocate For the Respondent/s : Mr. Subodh Kr.Mishra, AC to GP 7 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH KUMAR DATTA ORAL ORDER
The said order of the Licensing Officer is admittedly appealable before the Collector-cum-District Magistrate. Learned counsel for the petitioner submits that, as a matter of fact, the petitioner had filed a representation dated 2.3.2012 before the Collector on which no action has been taken.
Patna High Court CWJC No.8879 of 2012 (2) dt.12-09-2013
2
In my view, when there is a provision for appeal then the order of the authority concerned should be challenged by filing an appeal in the proper proforma so that it may be registered and taken up by the Appellate Authority.
In the aforesaid view of the matter, the writ application is disposed of with a liberty to the petitioner to file an appeal before the Collector, West Champaran at Bettiah along with a copy of this order. In case any such appeal is filed along with an application for condonation of delay in filing the same, the Collector shall consider the same keeping in view the fact that the petitioner had, as a matter of fact, filed a detailed representation assailing the order dated 25.11.2011 of the Licensing Authority and has thereafter been pursuing his remedies before this Court.
(Ramesh Kumar Datta, J)
spal/-
1 issue framed by the court
Whether the writ application is maintainable when a permissible appeal lies before the proper appellate authority as a fact.
Prabhu Ram S/O Late Prasad Ram
State of Bihar through the Collector West Champaran
The Collector-cum-District Magistrate, West Champaran
The District Supply Officer, West Champaran
The Sub Divisional Officer, Bettiah Sadar
The Block Supply Officer, Majhaulia Block
Ramesh Kumar Datta
As recorded by the court registry
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