Patna High Court
Rup Narayan Singh vs The State Of Bihar And Ors on 18 August, 2025
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.22204 of 2018
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Rup Narayan Singh S/o Faguni Singh Resident of Village-Rauda,P.O.
Tineri,P.S. Guraru,Distt.-Gaya
... ... Petitioner/s
Versus
1. The State Of Bihar
2. The Collector ,Gaya
3. The Sub-Divisional Officer,Tekari, Gaya
4. The Additional District Supply Officer,Tekri,Gaya
5. The Block Supply Officer,Tekari,Gaya
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Dhananjaya Nath Tiwari, Adv.
For the Respondent/s : Mr. Arvind Ujjwal -SC-4
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CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY
ORAL JUDGMENT
Date : 18-08-2025
1. The writ petition is filed for the
following reliefs:
That the present writ
application is being filed on behalf of the
sole petitioner above named for setting
aside the order contained in Memo. No.
1779 dated 28.08.2018 passed by the
Learned Sub-Divisional Officer, Tekari
Gaya by which he was pleased to cancel
Patna High Court CWJC No.22204 of 2018 dt.18-08-2025
the PDS license of the petitioner being
license No. 02 of 2016 granted under the
provisions of PDS Order 2016 for carrying
on business of Fair Price Shop has been
cancelled and further be pleased to
restore the PDS license of the petitioner
and also restore the supply of the
petitioner.
2. At this juncture, the Learned counsel for
the respondents contended that Section 32(iii) of
the Bihar Targeted Public Distribution System
(Control) Order, 2016 provides for the provision of
appeal. Section 32(iii) read as follows:
"32 (iii). Any person aggrieved by
an order of the licensing authority
denying the issue or renewal of the
license to the fair price shop owner or
cancellation of the license may appeal to
the District Officer within thirty days of
the date of receipt of the order and the
District Magistrate shall, as far as
practicable, dispose the appeal within a
period of sixty days."
3. Admittedly, from the reliefs prayed for in
the writ petition, it is evident that the petitioner
Patna High Court CWJC No.22204 of 2018 dt.18-08-2025
has an alternative remedy of appeal available
under Section 32(iii) of the Bihar Targeted Public
Distribution System (Control) Order, 2016.
4. The Learned counsel for the petitioner
contended that he intends to file an appeal before
the concerned District Magistrate, but the
limitation period for filing the appeal has lapsed.
He prayed for a direction to the concerned District
Magistrate to entertain the appeal in accordance
with Section 5 of the Limitation Act.
5. Taking into consideration that the
petitioner has an alternative remedy for filing an
appeal, the writ petition is disposed of with a
direction to the petitioner to file an appeal within
four weeks from the date of receipt of this order
before the concerned District Magistrate. The delay
in filing the appeal shall be condoned by the
District Magistrate, and the authority shall dispose
of the appeal within three months from the date of
filing of the appeal.
6. With the above said observation, the
Writ petition is disposed of.
Patna High Court CWJC No.22204 of 2018 dt.18-08-2025
7. Interlocutory Application(s), if any, shall
stand disposed of.
(G. Anupama Chakravarthy, J)
Manish/-
AFR/NAFR NAFR
CAV DATE N/A
Uploading Date 19.08.2025
Transmission Date
