Patna High Court

Chandu Lal GuptaversusThe State of Bihar

Decided: 13 January 2026
Disposal: DISPOSED
Bench: A ABHISHEK REDDY

Holding

The writ petition is dismissed as the petitioner must first pursue the alternative statutory appeal under Clause 32(3) of the Bihar Targeted Public Distribution System (Control) Order, 2016.

Summary

The petitioner, Chandu Lal Gupta, filed a writ petition in the Patna High Court challenging actions of several state officials. The court observed that the petitioner has an alternative statutory remedy – an appeal under Clause 32(3) of the Bihar Targeted Public Distribution System (Control) Order, 2016 – before the District Magistrate‑cum‑Collector, Patna. Consequently, the court declined to entertain the writ petition, directing the petitioner to file the statutory appeal within two weeks. The court further instructed that the appeal be heard with an opportunity of hearing, decided expeditiously, and communicated to the parties, taking into account prior appellate directions and procedural compliance such as examination of the E‑Pos machine. The writ petition was therefore disposed of without any substantive order on the merits.

Issues considered

Whether a writ petition is maintainable when the petitioner has an alternative and efficacious statutory remedy under the Bihar Targeted Public Distribution System (Control) Order, 2016.

Subjects

writ jurisdiction
alternative remedy
statutory appeal
public distribution system
administrative law
procedural fairness

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                             Civil Writ Jurisdiction Case No.14907 of 2025
                 ======================================================
                 Chandu Lal Gupta son of Shivdhari Saw, resident of Bhoti Mistri, Bari
                 Badalpura, Danapur -Cum-Khagaul Road, PS- Danapur, District- Patna,
                 Bihar.

                                                                        ... ... 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, District - Patna, Bihar.
           3.    The Sub-Divisional Magistrate, Danapur, District - Patna.
           4.    The Sub-Divisional Welfare Officer, Danapur, District Patna.
           5.    The Block Development Officer, Danapur, District - Patna.
           6.    The Block Supply Officer, Maner, Sub-division- Danapur, District Patna.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :       Mr. Niraj Kumar, Adv.
                 For the Respondent/s   :       Mr. Standing Counsel (5)
                 For the State          :       Mr. Kumar Manish, Adv.
                                                Mr. Kumar Pankaj, Adv.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY
                                       ORAL ORDER

2   13-01-2026                    Even though, the learned counsel appearing on

                   behalf of the petitioner has argued at length on merits of the

                   case, this Court is not inclined to entertain the present writ

                   petition, having regard to the facts that the petitioner has an

                   alternative and efficacious remedy of preferring a statutory

                   appeal before the District Magistrate-cum-Collector, Patna,

                   under Clause 32(3) of the Bihar Targeted Public Distribution

                   System (Control) Order, 2016. The present writ petition is

                   disposed of directing the petitioner to approach the District

                   Magistrate-cumCollector, Patna (Respondent No. 2) by way of
             Patna High Court CWJC No.14907 of 2025(2) dt.13-01-2026
                                                        2/2




                       appeal within a period of two weeks from today. On such appeal

                       being filed, the District Magistrate-cum-Collector, Patna

                       (Respondent No. 2) shall consider the same on merits and pass a

                       reasoned orders in accordance with law.

                                   2. It is needless to mention that before passing any

                       order, the authorities concerned shall give an opportunity of

                       hearing to the petitioner. The entire exercise shall be completed

                       as expeditiously as possible preferably within a period of eight

                       weeks from the date of filing of the appeal by the petitioner.

                       Any order passed shall be communicated to the parties. The

                       authority shall while passing order duly taking into consider the

                       earlier directions issued by the appellate authority and whether

                       the Sub-Divisional Officer has followed the same or not and

                       examine as to whether the Sub-Divisional Officer has examined

                       E-Pos machine or not.

                                   3. Accordingly, the present writ petition stands

                       disposed of.



                                              (A. Abhishek Reddy , J)
Gauravkr/-

U

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