Kamaldeo Bhagat @ Kamaldev Bhakat vs The State Of Bihar And Ors
2025 Latest Caselaw 2970 Patna

Patna High Court

Kamaldeo Bhagat @ Kamaldev Bhakat vs The State Of Bihar And Ors on 30 June, 2025

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                     Civil Writ Jurisdiction Case No.6175 of 2018
     ======================================================
     Kamaldeo Bhagat @ Kamaldev Bhakat Son of Late Ram Nandan Bhagat,
     Resident of Village-Ghakiya, P.S. Paroo, District-Muzaffarpur.
                                                                 ... ... Petitioner/s
                                         Versus
1.    The State Of Bihar
2.   The Principal Secreraty Food and Supply Departmnet, Govt. of Bihar, Patna.
3.   District Magistrate-cum-Collector, Muzaffarpur.
4.   Sub-Divisional Officer-Cum-Licensing Authority District-Muzaffarpur.
5.   Block Supply Officer, Paroo, District-Muzaffarpur.
                                               ... ... Respondent/s
     ======================================================
     Appearance :
     For the Petitioner/s   :       Mr.Arun Kumar
     For the Respondent/s   :       Mr.S. Raza Ahmad- AAG-5
     ======================================================
     CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY

                                 ORAL JUDGMENT

Date : 30-06-2025

1. The writ petition is filed to quash the order

passed by the District Magistrate-cum-Collector,

Muzaffarpur, PDS Appeal No. 6/2017 as well as to

quash the order dated 29.09.2016 passed by the

S.D.O., West Muzaffarpur, by which the PDS license

of the petitioner was cancelled.

2. Heard the Learned counsel for the

petitioner as well as the Learned counsel for the

respondents.

3. The Learned counsel for the respondent

submitted that a revision lies against the appellate

order. Despite the availability of the alternative Patna High Court CWJC No.6175 of 2018 dt.30-06-2025

remedy, the present writ petition has been filed. It is

also pointed out by the Learned counsel for the

respondent that once an effective remedy is

available to the petitioner, the writ petition is not

maintainable.

4. Taking into consideration that alternative

remedy of revision is available to the petitioner, the

petitioner is directed to avail the revision before the

revisional authority within one month from the date

of receipt of a copy of this order. In turn, the

revisional authority shall dispose of the revision

within a period of three months from the date of

filing of the application.

5. However, the aspect of limitation shall be

liberally considered by the revisional authority, as

the writ petition was filed in the year 2018 itself.

6. With the above-said observations, the writ

petition shall stand disposed of.

(G. Anupama Chakravarthy, J)

vinita/-

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