PATNA, India, July 2 -- Patna High Court issued the following judgment on June 30:
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 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.
Disclaimer: Curated by HT Syndication.
