Patna High Court

Md. Mahboob AlamversusThe State of Bihar

Decided: 21 January 2026
Disposal: DISPOSED
Bench: A ABHISHEK REDDY

Holding

The Court directed the Collector‑cum‑District Magistrate to dispose of the pending PDS cancellation appeal within eight weeks and disposed of the writ petition.

Summary

Petitioner Md. Mahboob Alam challenged the cancellation of his licence under the Bihar Targeted Public Distribution System (Control) Order, 2016, and filed a statutory appeal before the Collector‑cum‑District Magistrate of West Champaran on 22‑01‑2025. The appeal remained pending, prompting the petitioner to file a writ petition seeking a direction for the Collector to dispose of the appeal within a reasonable time. The State of Bihar expressed no objection to such a direction. The Patna High Court, without delving into the merits, disposed of the writ petition at the admission stage and ordered the Collector to dispose of the pending appeal within eight weeks, ensuring a hearing for the petitioner before any order is passed. The order was communicated to the parties, and the writ petition was thereby disposed.

Issues considered

Whether a High Court can direct an administrative authority to dispose of a pending statutory appeal within a specified time frame under a writ petition.

Subjects

Public Distribution System
Licence cancellation
Statutory appeal
Writ petition
Administrative delay
Direction to dispose
Bihar
High Court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Civil Writ Jurisdiction Case No.16970 of 2025
                 ======================================================
                 Md. Mahboob Alam, Son of Md. Kahid Alam alias Md Kahid Hussain,
                 Resident of Village- Dainmarwa, P.S.- Ramnagar, District- West Champaran,
                 Bihar.

                                                                        ... ... Petitioner/s
                                                 Versus
           1.    The State of Bihar through the Principal Secretary, Food and Consumer
                 Protection Department, Government of Bihar, Patna.
           2.    The Principal Secretary, Food and Consumer Protection Department,
                 Government of Bihar, Patna.
           3.    The Divisional Commissioner, Tirhut Division, Muzaffarpur.
           4.    The Collector-cum-District Magistrate, West Champaran at Bettiah.
           5.    The Sub Divisional Officer, Bagaha, District- West Champaran.
           6.    The Block Supply Officer, Ramnagar Block, Ramnagar, Dist.-West
                 Champaran

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :     Mr. Sanjeev Kumar Mishra, Senior Advocate with
                                              Mr. Adya Pandey, Advocate.
                                              Mr. Shubham Kumar Upadhyay, Advocate.
                 For the Respondent/s   :     Mr. Addl. Advocate General 04
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY
                                    ORAL ORDER

2   21-01-2026                    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. It is the case of the petitioner herein that the

                   petitioner has preferred a statutory appeal under the Bihar

                   Targeted Public Distribution System (Control) Order, 2016

                   against the order of the Sub-Divisional Officer dated
Patna High Court CWJC No.16970 of 2025(2) dt.21-01-2026
                                           2/3




          28.08.2024 bearing Memo No. 510 whereby the licence of

          the petitioner has been cancelled. Though the petitioner has

          preferred an appeal on 22.01.2025 before the Collector-

          cum-District Magistrate, West Champaran at Bettiah i.e.

          Respondent No. 4 herein, the same has not been disposed of

          till date. Learned counsel appearing on behalf of the

          petitioner, therefore, prays this Court to direct the

          Respondent No. 4 to dispose of the appeal filed by the

          petitioner by fixing a time frame.

                      3. Learned counsel appearing on behalf of the

          Respondent-State submits that he has no objection if a

          direction is given to the authority concerned to pass

          necessary final orders in the appeal in accordance with law.

                      4. Having regard to the above made submissions,

          the present writ petition is disposed of directing the

          Collector-cum-District Magistrate, West Champaran at

          Bettiah (Respondent No. 4) to dispose of the PDS

          Cancellation Appeal No. 227 of 2025 which is pending

          before him 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
           Patna High Court CWJC No.16970 of 2025(2) dt.21-01-2026
                                                      3/3




                     order 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

Continue reading with your account

Checking your session…