Dismissed

Upadhaya Prasad Sah v. The State Of Bihar and Ors.

Patna HC9 Apr 2018CWJC/16596/2016

Case brief

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What is this about?

The Patna High Court dismissed a writ petition challenging the cancellation of a Public Distribution System license. The court observed that the petitioner had not exhausted the alternative remedy of filing a revision before the Divisional Commissioner.

What did the court decide?

The writ petition stands dismissed with liberty to the petitioner to file a revision petition before the Divisional Commissioner.

Upadhaya Prasad Sah Vs The State Of Bihar and Ors. — Service and Employment | Patna HC (2018)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.16596 of 2016

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=========================================================== Upadhaya Prasad Sah, son of Jagdish Prasad Sah, Resident of Village-Belhar, P.S. Belhar, District Banka

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.... .... Petitioner

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Versus

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The State of Bihar through Collector, Banka

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The Collector, Banka

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The Licensing Officer cum Sub Divisional Officer, Banka

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The Block Supply Officer, Belhar

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.... .... Respondents

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=========================================================== Appearance : For the Petitioner : Mr. Pankaj Kumar Sinha, Mr. Kamal Kishore Jha, Advocates

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For the Respondents : Mr. Shashi Shekher Pd. Sinha, AC to GA6

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=========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 09-04-2018

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relief –

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The present writ petition has been filed for the following

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“(A) A writ in the nature of certiorari or any other appropriate writ, order, direction, quashing the order dated 24.06.2016 passed by Collector Banka in Supply Appeal Case No. 11/2015-16 affirming the order passed by Licensing Officer cum Sub Divisional Officer, Banka as communicated through Memo No. 456 dated 20.03.2015 issued under the signature of Sub Divisional Officer Banka, cancelling the petitioner’s Licence No. 33/12 to run a shop under Public Distribution System with immediate effect.

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(B) A writ in the nature of Mandamus or any other appropriate writ, order, direction commanding the respondents to act in accordance with law.

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(C) Any other reliefs to which the petitioner is found

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Patna High Court CWJC No.16596 of 2016 dt.09-04-2018

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2/2

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entitled to.”

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At the very outset, this Court takes note that remedy by way of revision before the Divisional Commissioner is available to the petitioner against the impugned order dated 24.06.2016 passed by Collector, Banka in Supply Appeal Case No. 11/2015-16, which has not been availed of by the petitioner.

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In view of availability of the alternative remedy as above, this Court is not inclined to interfere in the matter. The writ petition stands dismissed with liberty to the petitioner to file a revision petition before the Divisional Commissioner, Bhagalpur for redressal of his grievances.

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It is made clear that in case such a revision petition is filed, the concerned authority would have regard to the present proceeding being pursued by the petitioner, while considering any issue relating to condonation of delay, if applicable.

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(Vikash Jain, J)

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B.T/-

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AFR/NAFR	NAFR
CAV DATE	N.A.
Uploading Date	14.04.2018
Transmission Date	N.A.

Upadhaya Prasad Sah v. The State Of Bihar and Ors.

Case brief

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Upadhaya Prasad Sah v. The State Of Bihar and Ors.

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