Patna High Court
Raj Kishore Pandey vs The State Of Bihar on 15 October, 2025
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.13322 of 2019
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Raj Kishore Pandey S/o Late Ram Narain Pandey Resident of Village-
Ghanshyam Pakri,P.S. Pipra,Dist.-East Champaran
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary,Food and Consumer Pr-
otection Department,Govt. of Bihar,Patna
2. The Divisional Commissioner, Tirhut Division,Muzaffarpur
3. The District Magistrate cum Collector, East Champaran at Motihari
4. The Sub-Divisional Officer, chakiya ,East Champaran at Motihari
5. The District Supply Officer, East Champaran at Motihari
6. The Block Supply Officer, Chakiya(East Champaran)
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Sunil Kumar Pandey, Advocate
For the Respondent/s : Mr.Arvind Ujjwal (SC-4)
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CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY
ORAL JUDGMENT
Date : 15-10-2025
1. The writ petition is filed for the following
reliefs:-
"(i) To issue an appropriate order/s,
direction/s including writ preferably in the
nature of CERTIORARI for quashing the
order dated 18.12.18 passed in P.D.S.
Revision Case No. 56/18 passed by the
respondent no. 2 i.e. Divisional
Commissioner Tirhut Division Muzaffarpur
whereby and whereunder he has
dismissed the PDS revision case no.
Patna High Court CWJC No.13322 of 2019 dt.15-10-2025
2/5
56/18 and held that order as contained in
Memo no. 470 dated 1.6.15 passed by
the Sub-Divisional Officer Chakiya East
Champaran and order dated 13.1.17
passed by the Collector East Champaran
in S. Appeal Case No. 13/2015 cancelling
the license of the petitioner bearing PDS
License No.63/07 is speaking order and
there is no illegality in the lower Court.
(ii) To quash the Memo no.470
dated 1.6.15 passed by the S.D.O
Chakiya East Champaran whereby and
whereunder PDS License of the petitioner
bearing No.63/07 has been Cancelled.
(iii) To quash the order dated
13.1.17
passed in Appeal Case no.13/15
by the Collector whereby and
whereunder appeal preferred by the
Petitioner has been dismissed and
affirmed the order Passed by the S.D.O.
Chakiya.
(iv) To Direct the respondent no. 04
to restore the license of the petitioner
hence forth.
(V) To any other relief/s to which
the petitioner may found entitled in the
facts and Circumstances of the case."
Patna High Court CWJC No.13322 of 2019 dt.15-10-2025
2. At the outset, the Learned Counsel for the
respondents draws the attention of this Court to
Section 32 (vii) of the Bihar Targeted Public
Distribution System (Control) Order, 2016.
3. For better appreciation of the facts of the
case, Section 32 (vii) of the Bihar Targeted Public
Distribution System (Control) Order, 2016 is
reproduced hereinbelow:
"32. (vii) The Principal Secretary/ Secretary of
the department may call for the records related to
the order passed under the provisions of this Order
by the Divisional Commissioner or the District
Officer or the licensing authority or the Sub
Divisional Officer suo moto or upon a
representation by someone, and if he is satisfied
that the Divisional Commissioner or the District
Officer or the licensing authority or the Sub
Divisional Officer
(a) has exercised such powers which are not
entrusted to him,
(b) has exercised his powers illegally without
considering the facts of the case,
Patna High Court CWJC No.13322 of 2019 dt.15-10-2025
(c) has failed in use of his powers, he may
pass an order which he thinks fit."
4. Heard the Learned counsel for the
petitioner and the Learned counsel for the
respondents.
5. Admittedly, from the reliefs prayed for in
the writ petition, it is evident that the petitioner has
an alternative remedy of filing a representation
available under Section 32(vii) of the Bihar Targeted
Public Distribution System (Control) Order, 2016.
6. Taking into consideration, without going
into the merits or demerits of the case, that the
petitioner has an alternative remedy of filing a
representation before the Principal Secretary, under
Section 32 (vii) of the Bihar Targeted Public
Distribution System (Control) Order, 2016 against
the impugned orders, the writ petition is disposed
of with a direction to the petitioner to file the
representation within two months from the date of
receipt of this order before the Principal Secretary.
The delay in filing the representation, if any, shall
be condoned by the Principal Secretary, and the
Patna High Court CWJC No.13322 of 2019 dt.15-10-2025
authority shall dispose of the representation within
three months from the date of filing of the same.
7. It is needless to mention that before
passing any order, all the concerned parties shall be
put on notice and given an opportunity of hearing.
Any order passed shall be communicated to the
party.
8. With the above observations, the present
writ petition stands disposed off.
9. 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
