The petitioner, a PDS licence holder, filed a writ petition challenging the cancellation of his licence due to alleged black marketing. The Court declined to interfere, noting the availability of an appellate remedy under the Control Order.
Stay of order refused; petitioner directed to approach the appellate authority.
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IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.25211 of 2013
====================================================== 1. Dev Narayan Yadav S/O Late Sibi Lal Yadav R/O- Vill+ Post- Amha, Tola- Sapardaha, P.S+ Distt- Supaul. .... .... Petitioner/s Versus 1. The State Of Bihar, through the Secretary, Food Supply Department Govt. Of Bihar, Patna. 2. The Commissioner, Koshi Division, Saharsa. 3. The District Magistrate Cum Collector, Supaul. 4. The District Supply Officer, Supaul. 5. The Sub- Divisional Officer, Sub- Division Supaul. 6. The Block Supply Officer, Supaul. 7. The Police Nirikshak –Cum- Thana Adhyaksh, Supaul Namely Ram Sahay Ray 8. Police Awar Nirikshak, Lokha O.P Namely Rameshwar Safi. .... .... Respondent/s ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 2 07-04-2014 Heard the parties. The petitioner is a licencee under the Public Distribution System (Control) Order, 2001 ( for short ‘Control Order’). On certain allegations relating to black marketing of the articles to be distributed/supplied through his P.D.S. shop an FIR was lodged against the petitioner. After issuing show cause notice and on consideration of reply filed thereto, the impugned order has been passed cancelling the licence of the petitioner. Aggrieved by the said order the present writ petition has been filed.
The Control Oder itself provides a remedy to the petitioner of filing appeal thereagainst before the appellate
Patna High Court CWJC No.25211 of 2013 (2) dt.07-04-2014
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authority under Clause 15 thereof. The power conferred upon the appellate authority is wide enough inasmuch in appropriate case stay of the operation of the order appealed against can also be granted if the case is made therefor.
In that view of the matter, this Court is not inclined to interfere with the order (Annexure-13) passed by the Licensing Authority. It will, however, be open to the petitioner to assail the said order before the appellate authority in accordance with law. If any such appeal is filed, the appellate authority shall consider and dispose of the same on its own merit in accordance with law expeditiously.
(Kishore Kumar Mandal, J)
Shyam/-
1 issue framed by the court
Whether the High Court should interfere with the order cancelling the PDS licence despite the availability of an internal appellate remedy.
Dev Narayan Yadav
The State Of Bihar
The Commissioner, Koshi Division
The District Magistrate Cum Collector, Supaul
The District Supply Officer, Supaul
The Sub- Divisional Officer, Sub- Division Supaul
Kishore Kumar Mandal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
