Nirmala Devi vs State Of Bihar And Ors

The matter has been heard via video conferencing.

Heard Mr. Prem Prakash Poddar, learned counsel for the petitioner and Mr. Upendra Pratap Singh, learned AC to SC 4, for the State.

The petitioner has moved the Court for the following relief:

“That this application is being filed on behalf of the petitioner above named for setting aside the order contained in Memo No. 323/AA

dated 01.06.2020 by which the P.D.S. License of the petitioner being License No.- BACH-21/2016 has been cancelled by the Learned Sub-

Divisional Officer, Teghra and further be pleased to restore the license and supply of the petitioner.â€​

At the outset, learned counsel for the State pointed out that the petitioner has statutory remedy of appeal before the Collector, Begusarai which she

has not availed and straightaway has come to the High Court.

Having considered the matter, the Court finds that when the statute provides for a forum and the right has also accrued under the said statue, the

parties are required to move before the statutory appellate forum rather than straightaway burdening the Court.

In view thereof, the writ petition stands disposed off with liberty to the petitioner to move before the Collector, Begusarai, in appeal against the

order impugned in the present writ application.

If such an appeal is filed within three weeks from today before the Collector, Begusarai (respondent no. 2), the same shall be considered and

disposed off on its own merits, in accordance with law, by passing a reasoned order within six weeks from the date of filing such appeal.