Binod Kumar Singh @ Vinod Kumar vs The State Of Bihar
2025 Latest Caselaw 4201 Patna

Patna High Court

Binod Kumar Singh @ Vinod Kumar vs The State Of Bihar on 16 October, 2025

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                   Civil Writ Jurisdiction Case No.16471 of 2019
     ======================================================
     Binod Kumar Singh @ Vinod Kumar Son of late Dharichhan Rai, R/o
     Village- Suarmarwa, P.S. Maner, District- Patna.

                                                            ... ... Petitioner/s
                                     Versus
1.   The State of Bihar through the Principal Secretary, Food and Consumer
     Protection Department, Government of Bihar, Patna.
2.   The District Magistrate, Patna.
3.   The Sub Divisional Officer, Danapur, Patna.
4.   The Addl. District Supply Officer, Danapur, Patna.
5.   The Block Supply Officer, Maner, Patna.
6.   The Circle Officer, Maner, Patna.
7.   The Supply Officer, Bihta, Patna.

                                               ... ... Respondent/s
     ======================================================
     Appearance :
     For the Petitioner/s    :        Mr.Dineshwar Mishra
                             :        Ms.Ruchi Arya
     For the Respondent/s    :        Mr.Arvind Ujjwal (SC-4)
     ======================================================
     CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY

                                 ORAL JUDGMENT

      Date : 16-10-2025


                  1. The writ petition is filed for the following

     reliefs:-

                             "For      issuance        of       appropriate
                  writ(s), order(s) or direction commanding
                  the respondents to restore the license of
                  the petitioner who is a P.D.S. dealer as
                  well      as   to     quash      the      order    dated
                  10.06.2019

issued by the Respondent No. 3 whereby license of the petitioner has been cancelled."

Patna High Court CWJC No.16471 of 2019 dt.16-10-2025

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

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 Patna High Court CWJC No.16471 of 2019 dt.16-10-2025

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

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
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Uploading Date          17.10.2025
Transmission Date