IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6947 of 2011 SACHIDANAND JHA SON OF LATE PANDAV JHA, RESIDENT OF VILLAGE & P.O.- KISHANPUR BAIKUNTH, P.S. – WARIS NAGAR, DISTRICT – SAMASTIPUR (BIHAR)……………………………………….….PETITIONER. Versus 1. THE STATE OF BIHAR, BIHAR, PATNA. 2. THE PRINCIPAL SECRETARY, FOOD & CONSUMER PROTECTION DEPARTMENT, BIHAR, PATNA. 3. THE ADDITIONAL SECRETARY, FOOD & CONSUMER PROTECTION DEPARTMENT, BIHAR, PATNA. 4. THE DISTRICT MAGISTRATE, SAMASTIPUR. 5. THE DISTRICT SUPPLY OFFICER, SAMASTIPUR. 6. THE SUB DIVISIONAL OFFICER, SADAR, SAMASTIPUR. 7. THE BLOCK SUPPLY OFFICER, BLOCK-WARIS NAGAR, DISTRICT-SAMASTIPUR. 8. THE BLOCK SUPPLY INSPECTOR, BLOCK-WARIS NAGAR, DISTRICT SAMASTIPUR………………….RESPONDENTS. For the petitioner : M/s Manoj Kumar, Dharmendra Jha and Vinay Kumar Mishra, Advocates. For the respondents : Mr. Md. Arif, AC to SC-III ----------- 02/ 05.05.2011 Heard learned counsel for the petitioner and learned counsel for the respondents. 2. This writ petition has been filed by the petitioner for quashing order dated 03.03.2011 by which the Sub-Divisional Officer, Samastipur cancelled licence of the petitioner for running Fair Price Shop. 3. Learned counsel for the petitioner vehemently challenges the said order claiming that the said authority has cancelled the licence of the petitioner bearing Licence No.55 of 2008 on four grounds and all the four grounds are absolutely without basis which according to him have been explained in the petition. He also avers that petitioner is a very old distributor and no complain has been made by any consumer. - 2 - 4. It transpires that the licence was given to the petitioner for running Fair Price Shop in the year 2008 according to the Government of Bihar, Food Supply and Commerce Department, Public Distribution System (Control) Order, 2001 (hereinafter referred to as ‘ the Bihar Control Order of 2001’ for the sake of brevity) notified vide G.S.R. 1 dated 20.02.2007. Hence, the entire procedure of passing of any order and challenging the same shall be governed by the provisions of the Bihar Control Order of 2001. 5. Section 15 of the Bihar Control Order of 2001 specifically provides that any person aggrieved by an order of the Licensing Authority denying the issue or renewal of the licence to the Fair Price Shop owner or cancellation of the licence may appeal to the Appellate Authority notified under Public Distribution System (Control) Order, 2001 within thirty days from the date of receipt of the order and the Appellate Authority shall as far as practicable, dispose the appeal within a period of sixty days. 6. In the said circumstances, the proper, efficacious and adequate remedy is already available to the petitioner but in spite of that he has filed the instant writ petition without showing any reason for doing the same. 7. Hence this court does not find any reason to interfere into the matter and accordingly this writ petition is dismissed. Harish (S.N.Hussain, J.)