Patna High Court
Bhagwan Prasad vs The State Of Bihar And Ors on 2 July, 2025
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.10950 of 2018
======================================================
Bhagwan Prasad Son of Late Ram Khelawan Saw, Resident of Village-
Raipura, P.S.- Birupur, District- Lakhisarai.
... ... Petitioner/s
Versus
1. The State Of Bihar through the Principal Secretary, Food and Consumer
Protection Department, Government of Bihar, Patna
2. The Commissioner, Munger Division, Munger.
3. The District Magistrate-cum-Collector, Lakhisarai.
4. The Sub-Divisional Officer, Lakhisarai.
5. The District Supply Officer, Lakhisarai.
6. The Block Supply Officer, Lakhisarai.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Kumar Manglam
For the Respondent/s : Mr.Arvind Ujjwal- Sc4
======================================================
CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY
ORAL JUDGMENT
Date : 02-07-2025
1. The writ petition is filed for the
following reliefs:
".... for quashing the order
dated 15.10.2016 passed by the learned
District Magistrate - cum - Collector,
Lakhisarai in Supply Case No. 70 of 2015-
16 whereby and where under who has
confirmed the order of Memo No. 60 dated
02.02.2016
passed by the Sub-Divisional
Officer, Lakhisarai, whereby the license of
the Public Distribution System Shop of the
petitioner has been cencelled and the
Patna High Court CWJC No.10950 of 2018 dt.02-07-2025
petitioner also prays for any other relief or
reliefs for which he is legally entitled to, on
the peculiar facts and circumstances
stated in this petition.
i. For issuance of a writ in the
nature of Mandamus commanding and
directing the respondents authorities to
restore the license of the Public
Distribution System Shop of the petitioner.
ii. For issuance of any other writ
/writs, order/orders, direction/directions for
which the petitioner is found entitled to."
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."
Patna High Court CWJC No.10950 of 2018 dt.02-07-2025
3. Admittedly, from the reliefs 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
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.
Patna High Court CWJC No.10950 of 2018 dt.02-07-2025
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)
Spd/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 02.07.2025
Transmission Date
