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Patna High Court

Jagdish ManjhiversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The petition must be pursued through a revision under Section 32(vi) of the Control Order, 2016, and the writ petition is disposed of.

Summary

Jagdish Manjhi filed a writ petition seeking a certiorari to quash the cancellation of his Public Distribution System (PDS) trade licence by the Sub‑Divisional Officer and confirmed by the District Magistrate. The petition alleged that the licence was revoked because the petitioner was closed at 12:30 pm. The Court observed that the petitioner has an alternative and efficacious remedy under Section 32(vi) of the Control Order, 2016, to seek revision before the Divisional Commissioner. Accordingly, the Court directed the petitioner to file the revision within four weeks and the Commissioner to decide within four weeks, with the entire process completed within eight weeks. The writ petition was therefore disposed of without granting the relief sought.

Issues considered

  • Whether a writ petition challenging the cancellation of a PDS licence is maintainable when an alternative statutory remedy of revision under Section 32(vi) of the Control Order, 2016, is available.
  • Whether the order of the District Magistrate confirming the licence cancellation can be quashed by a writ of certiorari.

Legislation cited

Subjects

  • writ jurisdiction
  • certiorari
  • public distribution system
  • licence cancellation
  • alternative remedy
  • revision
  • Control Order 2016

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Civil Writ Jurisdiction Case No.15567 of 2025
                 ======================================================
                 Jagdish Manjhi, Son of Gudar Manjhi, Resident of Village Jaysinghpur
                 Dakshini, Police Station-Turkauliya, District-East Champaran.

                                                                   ... ... Petitioner/s
                                             Versus
           1.    The State of Bihar through Principal Secretary, Food and Supply
                 Department Government.
           2.    The District Magistrate, East Champaran.
           3.    The Sub-Divisional Officer, Sadar Motihari, District-East Champaran.
           4.    The Block Development Officer, Turkauliya, District-East Champaran.
           5.    The Circle Officer cum Block Supply Officer, Turkauliya, District-E.
                 Champaran.
           6.    The Supply Officer Sugauli, District-East Champaran.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :      Mr. Dhannjay Kumar No 2, Advocate.
                 For the Respondent/s    :      Mr. Vivek Prasad, GP 7 with
                                                Ms. Manisha Singh, AC to GP 7.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY
                                    ORAL ORDER

2   13-01-2026                   Heard learned counsel for the parties.

                                 2. The present Writ Petition has been filed for the

                   following relief:-

                                                   (i) For issuance of an appropriate writ
                                        in the nature of certiorari or writ/writs,
                                        order/orders or direction/directions for quashing
                                        the order dated 23.05.2023 passed in PDS Appeal
                                        No. 07/2021-2022 (Contained Annexure 4) by
                                        learned District Magistrate East Champaran
                                        whereby and whereunder he has confirmed order
                                        dated 08.05.2021 of sub-Divisional Officer, Sadar
                                        Motihari District-East Champaran by which he
                                        was pleased to cancelled the license of the
                                        petitioner granted for carrying on trade under the
           Patna High Court CWJC No.15567 of 2025(2) dt.13-01-2026
                                                      2/2




                                          Public Distribution System, on the ground that he
                                          was closed one at 12:30.”

                                 3. Without going into the merits or demerits of the case,

                     having regard to the fact that the petitioner is having an alternative

                     and efficacious remedy of filing a revision under Section 32(vi) of

                     the Control Order 2016. The petitioner is directed to approach the

                     Divisional Commissioner ventilating his grievance within a period

                     of four weeks from the date of the receipt of a copy of this order.

                     On receipt of the revision, the Divisional Commissioner shall pass

                     necessary orders strictly in accordance with law within a period of

                     four weeks thereof.

                                 4. It is needless to mention that before any order

                     passed, all the parties shall be put on notice and given an

                     opportunity of hearing and submit their objections. The entire

                     exercise shall be completed as expeditiously as possible preferably

                     within a period of eight weeks thereof. Any order passed shall be

                     communicated to all the parties.

                                 5. With the above directions, the present Writ petition

                     stands disposed of.



                                                         (A. Abhishek Reddy, J)
shakir/-

U


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