Patna High Court
Md. Mohsin Ansari vs The State Of Bihar on 16 October, 2025
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.9662 of 2019
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Md. Mohsin Ansari Son of Md. Gafur Ansari, Resident of Village- Dahua,
P.S. Baunshi, District- Banka.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Food and Consumer
Protection Department, Old Secretariat, Patna.
2. The Collector, Banka, District- Banka.
3. The Sub- Divisional Officer, Banka, District- Banka.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Rajeev Kumar Labh, Advocate
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:
"I. For issuance of appropriate
writ/order/direction in the nature of
certiorari for quashing and setting aside
the order passed by the Sub-Divisional
Officer, Banka and issued vide Memo No.
28 dated 16.11.2018 whereby and
whereunder licence of the petitioner's
Fair Price Shop bearing No. 27/12 has
been cancelled with immediate effect
contained in (Annexure-1).
II. For issuance of appropriate
writ/order/direction in the nature of
Patna High Court CWJC No.9662 of 2019 dt.16-10-2025
mandamus commanding the respondents
to restore the petitioner's licence as
before and to make allotment for the
petitioner's shop.
III. 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 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
Patna High Court CWJC No.9662 of 2019 dt.16-10-2025
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
two months 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.9662 of 2019 dt.16-10-2025
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)
amitkr/-
AFR/NAFR NAFR
CAV DATE N/A
Uploading Date 17.10.2025
Transmission Date N/A
