Patna High Court
Uma Shankar PaswanversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- A ABHISHEK REDDY
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
- Control Order, 2016 — s. 32(vi)
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
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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
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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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