Patna High Court
Awadhesh Kumar @ Abdhesh RayversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- A ABHISHEK REDDY
Holding
The High Court directed the District Magistrate to dispose of the pending PDS appeal within eight weeks, thereby granting the relief sought.
Summary
The petitioner, Awadhesh Kumar, challenged the cancellation of his PDS licence and filed a statutory appeal (PDS Appeal No. 10 of 2024) before the District Magistrate, Muzaffarpur. He then moved the Patna High Court seeking a writ directing the District Magistrate to dispose of that appeal within a fixed time. The Court, without examining the merits, disposed of the writ petition at the admission stage with the consent of both parties. It directed the District Magistrate to pass the necessary orders in the pending appeal within eight weeks of receiving the Court’s order, ensuring the petitioner is heard before any order is made. The petition was consequently dismissed as the relief sought was granted by direction.
Issues considered
- Whether the High Court can direct the District Magistrate to dispose of a pending statutory appeal within a specified time frame
Legislation cited
Subjects
- PDS licence
- statutory appeal
- writ petition
- direction to administrative authority
- Essential Commodities Act
- expeditious disposal
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.16114 of 2025
======================================================
Awadhesh Kumar @ Abdhesh Ray, Son of Mithlesh Ray, Resident of village-
Pryagchak, P.S.- Aurai, District-Muzaffarpur.
... ... Petitioner/s
Versus
1. The State of Bihar through Principal Secretary, Food and Civil supply
Department, Government of Bihar.
2. The District Magistrate, Muzaffarpur.
3. The S.D.O. -cum- Licensing Authority, East Muzaffarpur.
4. The Block Supply Officer, Aurai Block, District- Muzaffarpur.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Nachiketa Jha, Advocate.
For the Respondent/s : Mr. Government Pleader (3).
======================================================
CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY
ORAL ORDER
2 09-01-2026 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. Having regard to the fact that the petitioner has
already approached the District Magistrate, Muzaffarpur i.e.
Respondent No. 2 herein by way of a statutory appeal bearing
P.D.S. Appeal No. 10 of 2024 under the E.C. Act questioning
the cancellation of his PDS license and he is seeking a direction
from this Court to direct the Respondent No. 2 to dispose of the
said appeal filed by him by fixing a time frame, the present writ
petition is disposed of directing the Respondent No. 2 to pass
Patna High Court CWJC No.16114 of 2025(2) dt.09-01-2026
2/2
the necessary orders in the P.D.S Appeal No. 10 of 2024 filed by
the petitioner as expeditiously as possible preferably within a
period of 8 weeks from the date of the receipt of the copy of this
order. It is needless to mention that before passing any order the
petitioner shall be given an opportunity of hearing. Any order
passed shall be communicated to the party.
3. With the above direction, the present Writ Petition
stands disposed of.
(A. Abhishek Reddy, J)
shakir/-
U
Checking your session…