Ram Kishun Tatma vs The State Of Bihar
2022 Latest Caselaw 1907 Patna

           IN THE HIGH COURT OF JUDICATURE AT PATNA
                     Civil Writ Jurisdiction Case No 16895 of 2021
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Ram Kishun Tatma Son of Bachhi Tarma Resident of -Kohwara Bishanpur Ward No.7, P.S.-Raniganj, District-Araria.

... ... Petitioner/s Versus

1. The State of Bihar

2. The Principal Secretary, Department of Food and Civil Supplies, Government of Bihar, Patna.

3. The Collector Cum District Magistrate, District-Araria.

4. The District Supply Officer, District-Araria.

5. The Sub Divisional Officer, Araria, District-Araria.

6. The Block Supply Officer, Raniganj, District-Araria.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr Dhirendra Kumar Jha, Advocate For the Respondent/s : Mr Arvind Ujjwal, SC IV ====================================================== CORAM: HONOURABLE MR JUSTICE CHAKRADHARI SHARAN SINGH and HONOURABLE MR JUSTICE MADHURESH PRASAD

ORAL JUDGMENT

(Per: HONOURABLE MR JUSTICE CHAKRADHARI SHARAN SINGH)

Date : 25-03-2022

This case has been taken up for online hearing through

video-conference because of COVID 19 pandemic restrictions.

2 Heard learned counsel for the petitioner and the

respondents.

3 The petitioner holds a licence to run Public

Distribution Shop under Bihar Targeted Public Distribution

System (Control) Order, 2016. His licence was cancelled by an Patna High Court CWJC No.16895 of 2021 dt.25-03-2022

order dated 17.05.2020 passed by the licensing authority. The order

of the licensing authority was, however, set aside by the appellate

authority, subsequently by an order dated 23.03.2021. In the light

of the said order dated 23.03.2021, the Sub Divisional Officer

-cum- Licensing Authority has passed an order dated 06.07.2021

restoring the petitioner's license. The petitioner has approached

this Court seeking direction to the respondents to permit him to

distribute the foodgrains which were in the stock at the time of the

cancellation of licence. The petitioner is also seeking a direction to

restore all facilities, consequent upon restoration of licence, such as

mapping of his Electronic Point of Sale machine. Learned counsel

appearing on behalf of the petitioner has submitted that the said

machine is non-functional. It has been stated in the writ petition

that 179.01 quintals of rice and 71.84 quintals of wheat was in stock

in the godown when the licence was cancelled.

4 In our opinion, in the exercise of writ jurisdiction under

Article 226 of the Constitution of India, the Court is not required to

enter into such issue, as raised in the present writ petition. It is an

admitted fact that the petitioner is getting supplies of foodgrains for

the purpose of its distribution. The petitioner appears to have not

approached the Sub Divisional Officer, who is the licensing

authority, for the relief which he is seeking.

Patna High Court CWJC No.16895 of 2021 dt.25-03-2022

5 We, accordingly, dismiss the writ petition,

however, with a liberty to the petitioner to approach appropriate

authority/authority for redressal of his grievance.

(Chakradhari Sharan Singh, J)

(Madhuresh Prasad, J) M.E.H./-

AFR/NAFR                    NAFR
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Uploading Date          29.03.2022
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