Patna High Court
Deoki Manjhi vs The State Of Bihar on 19 August, 2025
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.23407 of 2019
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Deoki Manjhi S/o Lalo Manjhi Resident of Village Gohra, P.S.- Fatehpur,
District- Gaya.
... ... Petitioner/s
Versus
1. The State of Bihar through Secretary Food and Consumer Protection
Department, Old Secretariat, Patna.
2. The SDO, Sadar Gaya.
3. The Block Supply Officer, Fatehpur, Gaya.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Vijay Anand, Adv.
For the Respondent/s : Mr. S.Raza Ahmad (AAG-5)
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CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY
ORAL JUDGMENT
Date : 19-08-2025
1. The writ petition is filed for the
following relief:
" That the present application
is being filed for challenging the order
dated 04.10.2017 passed by SDO, Sadar
whereby and whereunder the PDS license
being License No. 73 of 2007 was
cancelled on the ground that the
petitioner has failed to file any reply to
show cause notice which shows the
charge found true and petitioner has
nothing to say about the allegation
alleged against him."
2. At this juncture, the Learned counsel for
Patna High Court CWJC No.23407 of 2019 dt.19-08-2025
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 relief prayed for in
the writ petition, it is evident that the petitioner
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
Patna High Court CWJC No.23407 of 2019 dt.19-08-2025
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.
7. Interlocutory Application(s), if any, shall
stand disposed of.
(G. Anupama Chakravarthy, J)
Manish/-
AFR/NAFR NAFR
CAV DATE N/A
Uploading Date 21.08.2025
Transmission Date
