The Patna High Court dismissed a writ petition filed to quash the cancellation of the petitioner's PDS licence. The court held that since a remedy by way of appeal exists, the writ petition was not maintainable, granting liberty to file a statutory appeal.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Patna High Court CWJC No.1309 of 2018 dt.05-04-2018
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.1309 of 2018
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Manki Rai, P.D.S. Dealer, Anandpur Panchayat, Block - Bihta son of Jhagru Rai Resident of Bihta Samastu Asthan, P.O. - Bihta, P.S. - Bihta, District - Patna.
.... .... Petitioner/s
Versus
.... .... Respondent/s
=========================================================== Appearance :
For the Petitioner/s : Mr. Surendra Kumar Mishra, Adv For the Respondent/s : Mr. S.RAZA AHMAD -AAG5
=========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 05-04-2018
The present writ petition has been filed for quashing the memo No.XII-80/14 dated 07.10.2014 as contained in Annexure-4 whereby and whereunder the respondent no. 3 has cancelled the PDS licence No. 01/09 on the ground that the petitioner has been acquitted in Bihta P.S. Case No. 649/14 under Section 7 of the Essential Commodities Act.
Patna High Court CWJC No.1309 of 2018 dt.05-04-2018
(Vikash Jain, J)
Chandran/BT
| AFR/NAFR | NAFR |
|---|---|
| CAV DATE | NA |
| Uploading Date |
16.04.2018 |
| Transmission Date |
NA |
2 issues framed by the court
Whether the writ petition seeking quashing of PDS licence cancellation should be allowed when the petitioner has been acquitted.
Whether an alternative remedy by way of statutory appeal precludes writ jurisdiction in this matter.
Manki Rai
The State of Bihar through the Principal Secretary, Civil Food Supply Deptt.
The District Magistrate, Patna
The Sub-Divisional Officer, Danapur
The Block Supply Officer, Bihta
Vikash Jain
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
