Patna High Court
Labhair Mukhiya @ Lavhar Mukhiya vs The State Of Bihar on 16 October, 2025
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.19224 of 2019
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Labhair Mukhiya @ Lavhar Mukhiya Son of Jayant Mukhiya, Resident of
Village- Godah, P.S.-hasanpur, District-Samastipur.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Food and Consumer
Protection Departement, Old Secretariat, Patna.
2. The District Magistrate, Samastipur, District-Samastipur.
3. The Sub-Divisional Officer, Rosara, District-Samastipur.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Rajeev Kumar Labh, Adv.
For the Respondent/s : Mr.S. Raza Ahmad (AAG5)
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CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY
ORAL JUDGMENT
Date : 16-10-2025
1. The Writ petition is filed for the following
reliefs:-
A. For quashing and setting
aside the order passed by the Sub-
Divisional Judicial Officer, Rosara
vide Memo No. 413 dated
10.7.2000
whereby and whereunder
license of petitioner's fair price shop
has been cancelled with immediate
effect and quashing and setting aside
the order dated 14.02.2014 passed
by the Principal Secretary, Food and
Consumer Protection Department,
Bihar Government, Patna by which,
it has been stated that it is not
Patna High Court CWJC No.19224 of 2019 dt.16-10-2025
reasonable to consider the
application of the petitioner.
B. A mandamus
commanding the respondents to
restore the petitioner's license as
before and to make allotment for the
petitioner's shop.
C. Any other relief or reliefs
for which petitioner may be found
entitled in the fact and
circumstances of the present case
may be granted to him.
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
Patna High Court CWJC No.19224 of 2019 dt.16-10-2025
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 under Section 32(iii)
of the Bihar Targeted Public Distribution System
(Control) Order, 2016. However, without availing
such remedy, the petitioner directly approached to the
Principal Secretary.
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
Patna High Court CWJC No.19224 of 2019 dt.16-10-2025
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 before the
concerned District Magistrate, within two months from
the date of receipt of this order. 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 observations, the
Writ petition stands disposed of.
7. Interlocutory Application(s), if any, shall
also stand disposed of.
(G. Anupama Chakravarthy, J)
AMANDEEP/-
AFR/NAFR NAFR
CAV DATE N/A
Uploading Date 16.10.2025
Transmission Date
