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Patna High Court

Fair Price Dealers AssociationversusThe State of Bihar

Decided
Disposal
WITHDRAWN

Holding

The writ petition is dismissed as withdrawn, with liberty granted to the petitioners to file individual representations before the competent authority.

Summary

The Fair Price Dealers Association and an individual dealer filed a writ petition challenging actions of the State of Bihar and its food supply officials. The petitioners sought permission to withdraw the writ and instead file individual representations before the competent authority regarding their grievances. The learned counsel requested the court’s liberty to allow such individual filings. The Hon'ble Justice A. Abhishek Reddy granted the petitioners’ request, dismissed the writ petition as withdrawn, and directed that any individual representations be considered expeditiously, preferably within eight weeks. The order effectively closed the writ proceedings while preserving the petitioners’ right to seek redress through separate representations.

Issues considered

  • What is the court's jurisdiction to permit withdrawal of a writ petition and to direct the filing of individual representations?
  • Whether the court can prescribe a time‑frame for the authority to consider such representations.

Subjects

  • writ petition
  • withdrawal
  • public distribution system
  • individual representation
  • court order
  • administrative law

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.16455 of 2025
                 ======================================================
           1.     Fair Price Dealers Association Registered Office Bhikna Pahari, Patna- 4
                  and Head Office Hasanpura Beur Patna- 2 through its Sub Divisional
                  President Uday Narayan Singh, Gender- Male, Aged about 63 years, S/o
                  Avadh Bihari Singh, Resident of Village- Jaynandan Bigha, P.S.- Tekari,
                  District- Gaya (Bihar).
           2.    Mithilesh Prasad, Son of Ram Khelawan Paswan, Resident of village-
                 Nasirpur, P.S. - Tekari, District- Gaya (Bihar).

                                                                        ... ... Petitioner/s
                                                   Versus
           1.    The State of Bihar through the principle Secretary, Food and Consumer
                 Protection Department, Old Secretariat, Patna.
           2.    The Managing Director Bihar State Food and Civil Supplies Corporation
                 Ltd., Khadya Bhawan, Daroga Rai Path, R. Block, Patna.
           3.    The District Magistrate, District- Gaya.
           4.    The District Supply Officer, District- Gaya.
           5.    The District Manager State Food Corporation, District- Gaya.
           6.    The Sub-Divisional Officer, Tekari, District- Gaya.
           7.    The Block Supply Officer, Tekari, District- Gaya.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :      Mr. Kumar Gaurav, Adv.
                 For the Respondent/s   :      Mr. Standing Counsel (04)
                 For the BSFC           :      Mr. Shailendra Kr. Singh, Adv.
                                               Mr. Utkarsha Utpal, Adv.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY
                                       ORAL ORDER

2   20-01-2026                   Learned counsel for the petitioner seeks permission

                   to withdraw the present writ petition with a liberty to file a

                   suitable representation by the individual PDS dealers before the

                   competent authority ventilating their grievance. Having regard

                   to the same, the present writ petition is disposed of granting

                   liberty to the individual PDS Dealers.
             Patna High Court CWJC No.16455 of 2025(2) dt.20-01-2026
                                                        2/2




                                   2. Permission is granted.

                                   3. The writ petition is dismissed as withdrawn with

                       the aforesaid liberty.

                                   4. If any individual representations are filed, the

                       authority shall consider the same in accordance with law as

                       expeditiously as possible preferably within a period of eight

                       weeks from the date of such representation.



                                              (A. Abhishek Reddy , J)
Gauravkr/-

U


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