Patna High Court
Ram Sevak Singh vs The State Of Bihar And Ors on 23 July, 2025
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.5243 of 2015
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Ram Sevak Singh Son of Sri Ramvilash Singh. Resident of Village -
Murawatpur, P.S.- Desri, District - Vaishali.
... ... Petitioner/s
Versus
1. The State Of Bihar and Ors
2. The District Magistrate, Vaishali, District - Vaishali.
3. The Sub-Divisional Officer-Cum-Licensing authority, Mahnar, District -
Vaishali.
4. Sri Ravikant Singh, Chairman, Primary Agriculture Co-operative Society
PACS, Murawatpur Panchayat. Son of Sri Vijay Kumar Singh. Resident of
Village - Murawatpur, P.S.- Desri, District - Vaishali.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Rajeev Kumar Labh
For the Respondent/s : Mr.Yogendra Pd. Sinha, AAG-15
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CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY
ORAL JUDGMENT
Date : 23-07-2025
1. The writ petition is filed for the following
reliefs:-
"(i) For issuance of an
appropriate writ, order or direction to
the respondents to honour the order,
direction passed by this Hon'ble Court
and authority concerned and to act
sincerely and accordingly to direct the
respondents to stop functioning of
Primary Agriculture Co-Operative
Society (PACS), Murawatpur Panchayat
of Sahdei Bujurg Block in the district of
Vaishali as a Public Distribution System
licensee which is granted in the light of
Patna High Court CWJC No.5243 of 2015 dt.23-07-2025
Public Distribution System (Control)
Amendment Order, 2011 issued by the
State Government vide Memo No. 5738
dated 23/6/2011 and further to direct
the licensing authority to cancel the
P.D.S. licence of above mentioned PACS
and to issue P.D.S. licence in the name
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 and
Section 32(vi) of the Bihar Targeted Public
Distribution System (Control) Order, 2016 provides
for the provision of revision. Section 32(iii) 32(v) and
32(vi) 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.
32. (v) Till the disposal of appeal
pending, the Appellate Authority may
direct that the order under appeal shall
not take effect for such period as the
authority may consider necessary for
Patna High Court CWJC No.5243 of 2015 dt.23-07-2025
giving a reasonable opportunity to the
other party under sub-clause (4) or until
the appeal is disposed of, whichever is
earlier.
(vi) Due to non disposal of the
appeal within sixty days by the District
Officer or against the order passed in
the appeal, a revision may be filed
before the Divisional Commissioner. The
revision shall be disposed of within two
months.
3. The remedy available under the Act is to
prefer an appeal before the District Magistrate. As
the District Magistrate is the head of the Selection
Committee he cannot review his orders in an appeal.
Therefore, the petitioner is directed to file a
complaint/application before the Divisional
Commissioner.
4. During the course of the argument, the
Learned counsel for the petitioner reported to the
Court that he would be filing an application before
the Divisional Commissioner regarding the orders of
the Selection Committee in selecting private
respondent No. 4 for issuing the PDS license, and
sought liberty to file an application before the
Divisional Commissioner.
Patna High Court CWJC No.5243 of 2015 dt.23-07-2025
5. The petitioner is directed to file an
application before the Divisional Commissioner
within one month from the date of receipt of this
order. In turn, the Divisional Commissioner shall
liberally construe the limitation period and shall pass
an appropriate order within two months from the
date of filing the application.
6. With the abovesaid observation, the writ
petition shall stand disposed of.
(G. Anupama Chakravarthy, J)
vinita/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 01.08.2025
Transmission Date
