CHINTA DEVI Vs. UNION OF INDIA

JUDGEMENT

(1.) Aggrieved by the order dtd. 21/1/2023 passed by the learned Sub Divisional Officer, Sadar, Arrah (Bhojpur) vide Memo No. 51, whereby the license granted to the petitioner was cancelled, the present writ petition is filed. Even though the learned counsel for the petitioner has argued the matter on merits and has relied on the judgment of this Hon'ble Court in CWJC No. 9586 of 2022, wherein this Hon'ble Court has set aside the cancellation order passed by the licensing authority solely on the ground that the said order passed by the licensing authority was based on the opinion of the Block Supply Officer and that there was no independent satisfaction of the licensing authority before passing the said order. Learned counsel has stated that the present matter is fairly covered by the above said order and, therefore, prayed this Hon'ble court to set aside the impugned order and allow the present writ petition.

(2.) Per contra, the learned counsel appearing on behalf of the respondent has vehemently opposed the very maintainability of the writ petition and stated that the petitioner is having an alternative and effective remedy of appeal under the relevant provisions, statutory of the Bihar Targeted Public Distribution System (control) order, 2016.

(3.) Learned counsel for the respondent has stated that the reliance by the learned counsel for the petitioner on the judgment of the Division Bench in CWJC No. 9586 of 2022 dtd. 16/1/2023 is misplaced and that the said judgment is not at all applicable to the facts of the present case.