Mina Kumari vs The State Of Bihar Through The ...
2021 Latest Caselaw 5118 Patna

                 IN THE HIGH COURT OF JUDICATURE AT PATNA
                   Civil Writ Jurisdiction Case No.5511 of 2021
     ======================================================

Mina Kumari, Wife of Jagmohan Ravidas and daughter of Dipan Mochi, Resident of Village-Malama, P.S.-Hilsa, District-Hilsa,

... ... Petitioner/sersus

1. The State of Bihar through the Principal Secretary, Food and Consumer Protection Department, Government of Bihar, Patna.

2. The District Magistrate-cum-Collector, Nalanda at Biharsharif.

3. The Licensing Authority-cum-Sub-Divisional Officer, Hilsa, Nalanda.

4. The Block Supply Officer, Hilsa, Nalanda.

... ... Respondents ====================================================== Appearance :

For the Petitioner : Mr. Ashok Kumar Choudhary, Sr. Advocate Mr. Bhola Kumar, Advocate For the Respondents : Mr. Alok Ranjan, AC to AAG-5 ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date : 29-10-2021

Heard learned counsel for the petitioner and learned

counsel for the respondents through video conference. Learned

counsel for the petitioner hereby undertakes to remove all defects

pointed out by the Stamp Reporter as and when required. It is

accordingly directed that all defects pointed out by the Stamp

Reporter be removed within one month hereof.

2. The present writ petition has been filed "for quashing

the order dated 11.12.2020 passed by the learned Collector, Nalanda

in Supply Case No. 05/2019 (Annexure-5) by which the learned

Collector upheld the order of cancellation of licence of the petitioner;

and further quashing the order dated 04.01.2019 (Annexure-3)

passed by learned Sub-Divisional Officer, Hilsa whereby the Sub- Patna High Court CWJC No.5511 of 2021 dt.29-10-2021

Divisional Officer cancel the licence of the petitioner vide licence no.

32/2007."

3. Learned Senior counsel Mr. Ashok Kumar Choudhary

submits that there is defect in the show cause notice itself which

rendered the entire proceeding resulting in cancellation of the

petitioner's PDS licence as illegal. Such order of cancellation dated

05.01.2019 passed by the Sub-Divisional Officer, Hilsa was carried

in appeal, which was also dismissed on 11.12.2020. The petitioner

has then approached this Court in its writ jurisdiction.

4. Learned counsel for the respondents appears and

raises a preliminary objection on the ground of availability of

alternative remedy by way of revision before the Divisional

Commissioner in terms of Rule 32(vi) of the Bihar Targeted Public

Distribution System (Control) Order, 2016.

5. Having heard the parties and in view of availability of

alternative remedy which has not been disputed by the petitioner,

this Court is not inclined to enter into the merits of the contentions

of the petitioner. The writ petition stands dismissed with liberty to

the petitioner to approach the revisional authority, if so advised, for

redressal of her grievances.

6. 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.

Patna High Court CWJC No.5511 of 2021 dt.29-10-2021

7. Office shall follow-up to ensure that all defects are

removed and compliance with the notices of this Court are made by

the petitioner within the stipulated time provided in para-1

hereinabove, failing which the matter shall be brought to the notice

of this Court.

(Vikash Jain, J) Ibrar//-

AFR/NAFR              NAFR
CAV DATE              N.A.
Uploading Date        02 .11.2021
Transmission Date     N.A.