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Patna High Court

Uma Shankar PaswanversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The writ petition was dismissed as the petitioner has an alternative remedy under Section 32(vi) of the Control Order, 2016.

Summary

Petitioner Uma Shankar Paswan filed a writ petition seeking certiorari to quash the collector's order cancelling his PDS shop licence and the SDO's order cancelling the same licence, and mandamus to restore the licence and resume grain allotments. The court noted that the petitioner has an alternative and efficacious remedy under Section 32(vi) of the Control Order, 2016, by filing a revision before the Divisional Commissioner. Accordingly, the court directed the petitioner to pursue that remedy within four weeks and for the Commissioner to decide within four weeks, with full notice to parties. The court emphasized that the writ petition should not be entertained while the alternative remedy is available. The petition was therefore disposed of without addressing the merits.

Issues considered

  • Whether the collector's order cancelling the PDS licence can be quashed by a writ of certiorari.
  • Whether the SDO's order cancelling the licence can be quashed by a writ of certiorari.
  • Whether mandamus can be issued to restore the licence and resume grain allotments.
  • Whether the existence of an alternative remedy under Section 32(vi) of the Control Order, 2016 bars the writ petition.

Legislation cited

Subjects

  • writ petition
  • certiorari
  • mandamus
  • PDS licence
  • Control Order 2016
  • revision
  • administrative law
  • food grain distribution

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Civil Writ Jurisdiction Case No.17203 of 2025
                 ======================================================
                 Uma Shankar Paswan, Son of Late Ramjapo Paswan, Resident of Ward 11,
                 Godah, P.S.- Hasanpur, District- Samastipur.

                                                                        ... ... Petitioner/s
                                                   Versus
           1.    The State of Bihar through the Principal Secretary, Food and Consumer
                 Protection Department, Old Secretariat, Patna.
           2.    The District Magistrate, District- Samastipur.
           3.    The Sub-Divisional Officer, Rosera, District- Samastipur.
           4.    The Block Supply Officer, Hasanpur, District- Samastipur.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Kumar Gaurav, Adv.
                 For the Respondent/s     :      Mr.Government Pleader (24)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY
                                       ORAL ORDER

2   21-01-2026                  Heard the learned counsels for the parties.

                               2. The present writ petition has been filed for the

                   following relief(s):-

                                        “A. Certiorari for quashing and setting aside the
                                        order dated 14.08.2006 passed by the learned
                                        collector cum District Magistrate, Samastipur in
                                        PDS Appeal Case No. 517/2000 contained
                                        therein Annexure -P/1(Series) whereby & where
                                        under appeal filed by the petitioner against the
                                        cancellation order has been rejected only on the
                                        ground of default in continued absence.
                                        B. Certiorari for quashing and setting aside order
                                        passed by the Sub Divisional Officer, Rosera
                                        vide Memo No.412 dated 10.07.2000 whereby
                                        and where under license of the petitioner P. D.S
Patna High Court CWJC No.17203 of 2025(2) dt.21-01-2026
                                           2/3




                             shop bearing License No. 5/1998 was cancelled
                             on the contrary of the provision of licensing
                             order in terms & Condition under which the
                             license of P.D.S shop was granted to him
                             contained therein Annexure -P/1(Series).
                             C.    Mandamus         commanding   the   licensing
                             authority Cum S.D.O, Rosera to restore the
                             license of the P.D.S Shop of the petitioner as well
                             as reinstate Resume the monthly allotment of
                             food grains & consumers of the petitioner shop
                             as same as before.
                             D. Any other relief or reliefs for which the
                             petitioner may be found entitled in the fact and
                             circumstances of the present case may be granted
                             to him.”


                      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. It is

          needless to mention that before any order is passed, all the

          parties shall be put on notice and given an opportunity of
             Patna High Court CWJC No.17203 of 2025(2) dt.21-01-2026
                                                        3/3




                       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.

                                   4. With the above said directions, the writ petition

                       stand disposed of.



                                                              (A. Abhishek Reddy , J)
Bhardwaj/-

U


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