Patna High Court

Ram Pravesh PrasadversusThe State of Bihar

Decided: 19 February 2026
Disposal: DISPOSED
Bench: A ABHISHEK REDDY

Holding

The Court directed the District Magistrate to number the appeal, if not already numbered, and to pass a final order within twelve weeks, after hearing the petitioner.

Summary

The petitioner, Ram Pravesh Prasad, challenged the cancellation of his Public Distribution System (PDS) licence by the Rationing Officer‑cum‑Sub‑Divisional Officer, Rajgir. He filed a statutory appeal before the District Magistrate, Nalanda, but the appeal remained unnumbered and no order was passed. Consequently, he instituted a writ petition in the Patna High Court seeking direction to the District Magistrate to consider the appeal. Both parties consented to disposal of the petition without adjudicating merits. The Court ordered the District Magistrate to number the appeal, if not already done, and to decide the matter within twelve weeks, ensuring a hearing to the petitioner before any order. The writ petition was thereby disposed.

Issues considered

Whether the District Magistrate should be directed to number and decide the statutory appeal filed against the cancellation of the petitioner’s PDS licence

Subjects

PDS licence
statutory appeal
writ petition
District Magistrate
administrative procedure
cancellation order
public distribution system

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Civil Writ Jurisdiction Case No.10580 of 2025
                 ======================================================
                 Ram Pravesh Prasad, Son of Late Hari Mahto Resident of Village.-Aat, PO
                 and PS- Ben, Dist.-Nalanda-803114.


                                                                         ... ... Petitioner/s
                                                 Versus
           1.    The State of Bihar through the Chief Secretary, Old Secretariat Building,
                 P.S.-Sachiwalaya, Dist.-Patna.
           2.    The Commissioner, Nalanda.
           3.    The District Magistrate, Nalanda.
           4.    The Rationing Officer-Cum-Sub-Divisional Officer (Supply Division)
                 Rajgir.
           5.    The District Supply Officer, Nalanda.
           6.    The Block Supply Officer, Ben, Nalanda.
           7.    The Supply Inspector, Ben, Nalanda.


                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :     Mr. Awadhendra Kumar, Advocate.
                 For the Respondent/s   :     Mr. Government Pleader (05)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY
                                    ORAL ORDER

2   19-02-2026                     Without going into the merits or demerits of the

                   case, the present writ petition is disposed of at the stage of

                   admission with the consent of both the Counsels.

                                 2. Learned counsel appearing on behalf of the

                   petitioner submits that the Rationing Officer-cum-Sub-

                   Divisional Officer (Supply Division) Rajgir i.e. Respondent

                   No. 4 herein has cancelled the PDS licence of the petitioner
Patna High Court CWJC No.10580 of 2025(2) dt.19-02-2026
                                           2/3




          vide order dated 07.01.2025 (Annexure-P/11). Learned

          counsel submits that against the order of the Sub-Divisional

          Officer, Rajgir, the petitioner has preferred a statutory

          appeal before the District Magistrate, Nalanda i.e.

          Respondent No. 3 herein but till date the authority has

          neither numbered the appeal nor passed any orders on the

          same. Learned counsel submits that in case a direction is

          given to the Respondent No. 3 to take up the appeal and

          pass necessary orders on merits, the same would suffice for

          the present.

                      3. The learned counsel appearing on behalf of the

          Respondent-State submits that she has no objection if a

          direction is given to the Respondent No. 3 to consider the

          appeal filed by the petitioner and pass necessary orders in

          accordance with law.

                      4. Having regard to the above made submission,

          the present writ petition is disposed of directing the District

          Magistrate, Nalanda (Respondent No. 3) to number the

          appeal, if not already numbered, and take up the matter for

          passing final orders as expeditiously as possible preferably

          within a period of 12 weeks from the date of the receipt of
           Patna High Court CWJC No.10580 of 2025(2) dt.19-02-2026
                                                      3/3




                     the copy of this order. It is needless to observe that before

                     passing any orders the petitioner shall be given an

                     opportunity of hearing. Any order passed shall be

                     communicated to the party.

                                 5. With the above directions, the present Writ

                     Petition stands disposed of.



                                                         (A. Abhishek Reddy, J)
shakir/-

U

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