Patna High Court
Sanjay Kumar vs The State Of Bihar And Ors on 16 July, 2025
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.16293 of 2018
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Sanjay Kumar Son of late Sita Ram Sah Resident of Village/Mohalla-
Talimpur Warde No. 14, P.O. and P.S. - Barh, District- Patna.
... ... Petitioner/s
Versus
1. The State Of Bihar
2. The District Collector, Munger.
3. The Sub-Divisional Officer, Munger.
4. The District Supply Officer, Munger.
5. The Executive Magistrate Sadar, Munger.
6. The Block Supply Officer, Jamalpur, Munger.
7. Hira Paswan, AnusevakPeon, Sub Divisional Officer, Munger.
8. Binod Kumar Son of Pokhar Sao
9. Rajiv Kumar Son of Binod Kumar Both are Resident of Mohalla- Babu
Bazar, P.S.Jamalpur, District- Munger.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Ram Ishwar Prasad, Adv.
Ms. Rinkee Kumari Sharma, Adv.
For the Respondent/s : Mr. Arvind Ujjwal-SC-4
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CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY
ORAL JUDGMENT
Date : 16-07-2025
1. The writ petition is filed for the following
reliefs:-
(i) For issuance of appropriate writ
in the nature of writ of certiorari for
quashing/setting a-side the order
contained memo no. 27 dated
15.10.2008
issued under the
signature of respondent no. 3 i.e.
sub-Divisional Officer Sadar,
Munger. Where by and whereunder
Patna High Court CWJC No.16293 of 2018 dt.16-07-2025
the P.D.S. fair price shop license No.
17/87 issued in nfavour of
petitioner has been cancelled
without following facts and
circumstances of the case.
(ii) For issuance of an appropriate
writ in the nature of Mandamus
commanding the respondents to
revive and restore P.D.S. fair price
license no. 17/87 in the favour of
the petitioner in the following
substantial facts and circumstances
of the case.
(iii) To hold and declare that after
said licence in question bearing no.
17/87 was bonadidly issued in
favour of petitioner and being
looked after by him but due to false
illegal, malacious act of private
respondents the said licence was
cancelled causing great loss, injury
and mental agony to the petitioner
who is virtually on the verge of
starvation.
(iv) For a direction to the
respondents to conduct a fare,
proper and prompt investigation in
to the entire matter and to punish
Patna High Court CWJC No.16293 of 2018 dt.16-07-2025
the guilty persons in accordance
with law.
(v) For grant of any other relief or
reliefs. if the petitioner is found
entitled for.
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 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
Patna High Court CWJC No.16293 of 2018 dt.16-07-2025
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.
7. Interlocutory Application(s), if any, shall stand
disposed of.
(G. Anupama Chakravarthy, J)
Manish/-
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