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Judgment
This writ petition is filed under Article 226 of the Constitution of India for quashing the order as contained in Memo No. 1121 dated 30.08.2017 issued by the District Supply Officer, Sahibganj, by which license of the petitioner under the Public Distribution System has been suspended, and further direction to allow the petitioner to lift the food grain articles and to disburse material in favour of the beneficiary.
It is the case of the petitioner that the show cause has been issued for commission of irregularity of distribution of the food grain articles as also the Kerosene Oil in favour of the beneficiary, in consequence thereof, by taking aid of the provision of Section 11 of the Bihar Trade Articles (Licenses Unification) Order, 1984, simultaneously a show cause notice has also been issued which has been responded by the petitioner as yet decision has not been taken while on the other hand even on the expiry of the period of ninety days as stipulated under the provision of Section 11 of the Control Order, 1984 of the maximum period of suspension and in case of no final decision the suspension will be deemed to have been cancelled but the petitioner is not being allowed to lift the food grains and distribute amongst the beneficiary and card holders.
Counter affidavit has been filed by the State-respondent wherefrom it is evident that the fact about the submission of response has not been disputed but it is also evident that no final decision has been taken by the authority.
It is further evident that the reference of the alternative remedy has been made therein, but question herein that the alternative remedy of appeal or the revision can only be invoked in taking a final decision by the original authority but as has been gathered by this Court, there is no final decision as yet taken by the authority, although the response of the show cause has been submitted.
In view thereof, it would be appropriate, just and proper to dispose of the writ petition directing the District Supply Officer, Sahibganj, to take final decision on the basis of response already filed by the petitioner in terms of the show cause notice issued to the petitioner vide order dated 30.08.2017 as contained in Memo No.1121 within reasonable period of four weeks from the date of receipt of copy of this order, if not taken.
This writ petition, is accordingly disposed of.