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IN THE HIGH COURT OF JUDICATURE AT PATNA
G.ANUPAMA CHAKRAVARTHY
Sanju Devi Wife of Sunil Kumar Gupta – Appellant
Versus
State of Bihar – Respondent
Headnote: Read headnote
JUDGMENT :
G. ANUPAMA CHAKRAVARTHY, J.
1.The present writ petitioner has been filed for challenging the order dated 25.11.2019 passed by the Secretary, Food and Consumer Protection Department, Patna, whereby the order dated 29.06.2019 passed by the Commissioner, Purnea Division, Purnea was set aside, as the same was not found lawful. The petitioner further prays for a direction to the competent authority to grant license in favour of the petitioner for Latraha Panchayat, in accordance with the provisional merit list.
2. At the outset, it is imperative to take note of the relevant background facts and the litigation history between the parties that are germane to the present dispute.
Incomplete applications for licenses can be validly rejected, and familial relationships under specific provisions do not disqualify candidates unless explicitly stated.
A petitioner must exhaust available statutory remedies before approaching the court for relief.
The court emphasized exhausting alternative remedies under the applicable administrative order before proceeding with judicial intervention.
A petitioner must exhaust alternative remedies before seeking writs, as outlined in Section 32(iii) of the Bihar Targeted Public Distribution System (Control) Order, 2016.
A petition can be dismissed when an alternative remedy of appeal is available, directing timely recourse to that remedy.
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