Patna High Court
Om Prakash Deen vs The State Of Bihar on 14 October, 2025
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.12632 of 2019
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Om Prakash Deen S/o Late Sukhdeo Paswan Vill.- Pakrisarai, P.o.-
Mirchaiganj, Nirpur, P.s.- Silao, Distt.- Nalanda
... ... Petitioner/s
Versus
1. The State of Bihar
2. The District Magistrate Nalanda at Biharsharif
3. Sub Divisional Officer Rajgir, Distt.- Nalanda
4. District Supply Officer Nalanda at Biharsharif
5. District Manager State Food Corporation, Biharsharif, Nalanda
6. Block Supply Officer Silao, distt.- Nalanda
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Rakesh Kumar Singh
For the Respondent/s : Mr.Arvind Ujjwal (SC-4)
For the BSFC : Mr.Shailendra Kumar Singh
: Mr.Utkarsha Utpal
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CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY
ORAL JUDGMENT
Date : 14-10-2025
1. The writ petition is filed for the following
reliefs:-
"For Issuance of an appropriate
writ(s) /order(s)or direction and thereby
to Issue a writ in the nature of
'Certiorari' and thereby to quash the
order contained in Memo No.
2621/Suppl., Rajgir, dated 8.8.2012
passed/issued by the learned S.D.O.
Najgir (Nalanda) whereby and
whereunder the learned S.D.O. has
Patna High Court CWJC No.12632 of 2019 dt.14-10-2025
cancelled the License of the petitioner
granted for running a P.D.S. Shop vide
License No. 86/2007 with immediate
effect.
Further for Issuance of an
appropriate writ, order or direction,
directing the respondent authorities to
allow the petitioner to run his P.D.S.
Shop under P.D.S. (control) order, 2001
in accordance with Law or any other
relief/s permissible under the facts and
circumstances of the case."
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
Patna High Court CWJC No.12632 of 2019 dt.14-10-2025
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
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
Patna High Court CWJC No.12632 of 2019 dt.14-10-2025
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)
vinita/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 15.10.2025
Transmission Date
