RAM BACHAN RAM Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) Seeking exception to an order dated 02.04.2018 passed by the Writ Court in CWJC No.4687 of 2018 relegating the petitioner to take recourse to the statutory remedy available of filing an appeal under the Bihar Targeted P.D.S. (Control) Order, 2016 (hereinafter referred to as, 'the Control Order, 2016'), this appeal has been filed under Clause 10 of the Letters Patent.

(2.) The facts in nutshell go to show that the petitioner was granted a licence for establishment of PDS shop and vide memo dated 06.03.2018, the licence of the petitioner was cancelled. Challenging the same, the writ petition in question was filed and the writ petition has been dismissed on account of availability of alternate remedy. However, the facts that have come on record indicate that earlier, the licence of the petitioner was suspended and the petitioner challenged the same in CWJC No.6341 of 2017 and by an order passed on 09.10.2017, a bench of this Court found that under clause 28 of the Control Order, 2016, the suspension cannot be allowed to operate beyond a statutory period, i.e. 180 days, and in this case, as the suspension had continued for a period of 280 days, the suspension order was set aside and licence were directed to be restored.

(3.) After restoring the licence, a show cause notice, Annexure-5 was issued to the petitioner wherein he was directed to show cause against an enquiry report and explain the findings recorded by the enquiry officer. The petitioner submitted a detailed objection to the same, vide Annexure-6, and vide Annexure-7 dated 20th January, 2018, the licence of the petitioner have been cancelled.