Patna High Court
Shankar Choudhary vs The State Of Bihar And Anr on 8 July, 2025
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.15657 of 2017
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Shankar Choudhary Son of Jageshwar Chaudhary, Resident of Village- Baro
Chakahkim Tola, P.O.- Baro, P.S.- Phulwwariya, District- Begusarai.
... ... Petitioner/s
Versus
1. The State Of Bihar through the Principal Secretary, Food and Civil Supply
Department, Government of Bihar, Old Secretariat, Patna
2. The S.D.O. Teghra, Begusarai.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Binod Kumar, Advocate
For the Respondent/s : Mr. S. Raza Ahmad. AAG 5
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CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY
ORAL JUDGMENT
Date : 08-07-2025
1. The writ petition is filed for the
following reliefs:
" ...... for setting aside the
Order dated 28.10.2011, passed by S.D.O.,
Teghra whereby and whereunder the
licensing authority cancelled the Licence
No. 11/97. "
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
Patna High Court CWJC No.15657 of 2017 dt.08-07-2025
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
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
Patna High Court CWJC No.15657 of 2017 dt.08-07-2025
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)
Spd/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 09.07.2025
Transmission Date
