Patna High Court

Ramswarup Paswan @ Ram Swarup Paswan @ Ram Swaroop PaswanversusThe State of Bihar

Decided: 29 January 2026
Disposal: DISPOSED
Bench: A ABHISHEK REDDY

Holding

The Court directed the licensing authority to consider the petitioner’s representation and pass the requisite order within six weeks, thereby disposing of the writ petition.

Summary

The petitioner, a holder of a PDS licence, applied to shift his PDS shop to his residence under the Bihar Targeted Public Distribution System (Control) Order, 2016. More than a year elapsed without any order from the licensing authority (Respondent No.5). The petitioner filed a writ petition seeking a direction to the authority to pass the necessary order within a fixed time. The State of Bihar expressed no objection to such a direction. The High Court, with the consent of both counsels, disposed of the petition at the admission stage and directed Respondent No.5 to consider the representation and issue an order within six weeks, communicating the decision to the parties.

Issues considered

What is the duty of the licensing authority under the Bihar Targeted Public Distribution System (Control) Order, 2016 to decide on a representation for shifting a PDS shop?
Can the High Court direct an administrative authority to pass an order within a specified time frame in a writ petition?

Subjects

Public Distribution System
PDS licence
Administrative delay
Writ petition
Direction to authority
Bihar
Licensing authority
Representation

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                              Civil Writ Jurisdiction Case No.19143 of 2025
                 ======================================================
                 Ramswarup Paswan @ Ram Swarup Paswan @ Ram Swaroop Paswan Son of
                 Late Narayan Paswan, Resident of Village- Mithanpura, Panchayat-
                 Bhikhanpur, P.O.- Bhikhanpur, P.S.- Ahiyapur, District- Muzaffarpur, Pin-
                 842004.

                                                                             ... ... Petitioner/s

                                                Versus
           1.    The State of Bihar through Principal Secretary Food and Civil Supply,
                 Government of Bihar, Patna.
           2.    The Principal Secretary, Food and Civil Supply, Bihar, Patna.
           3.    The Department of Food and Consumer Protection, Government of Bihar
                 through its Principal Secretary.
           4.    The District Magistrate, Muzaffarpur.
           5.    The Sub-Divisional Officer, East, Muzaffarpur.
           6.    The District Supply Officer, Muzaffarpur.
           7.    The Block Supply Officer, Musahari, Muzaffarpur.

                                                                           ... ... Respondent/s

                 ======================================================
                 Appearance :
                 For the Petitioner/s   :      Mr. Rajiv Ranjan, Adv.
                 For the Respondent/s   :      Mr. Standing Counsel (13)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY
                                       ORAL ORDER

2   29-01-2026                  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. Learned counsel for the petitioner submits that the

                   petitioner is holding the PDS license and as per the provisions

                   of Bihar Targeted Public Distribution System (Control) Order,

                   2016, the petitioner has filed a representation before the
Patna High Court CWJC No.19143 of 2025(2) dt.29-01-2026
                                           2/3




          Respondent No. 5 who is the licensing authority for shifting of

          the PDS shop from the existing place to his own house situated

          at Village- Mithanpura, Panchayat- Shekhpur, Khata No. 13,

          Khesra No. 210. Learned counsel submits that though the

          petitioner has made the application for shifting long ago, more

          than a year has passed but the authority till date has not taken

          any steps for passing any order on the said representation.

          Learned counsel submits that the present writ petition may be

          disposed of directing the Respondent No. 5 to pass necessary

          orders on the application made by the petitioner for shifting of

          his shop by fixing a timeframe.

                      3. Learned counsel appearing on behalf of the

          respondent State submits that he has no objection if a direction

          is given to the Respondent No. 5 to consider the representation

          made by the petitioner and pass orders strictly in accordance

          with law. Having regard to the same, the present writ petition is

          disposed of directing the Respondent No. 5 to consider the

          representations made by the petitioner as expeditiously as

          possible preferably within a period of six weeks from the date of

          receipt of the copy of the order. Any order passed shall be

          communicated to the party.

                      4. With the above directions, the present writ petition
             Patna High Court CWJC No.19143 of 2025(2) dt.29-01-2026
                                                        3/3




                       stands disposed of.



                                              (A. Abhishek Reddy , J)
Gauravkr/-

U

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