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Patna High Court

Ramdular YadavversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The writ petition is dismissed and the petitioner is directed to seek redress through a revision under Section 32(vi) of the Control Order, 2016.

Summary

The petitioner, Ramdular Yadav, a public distribution system dealer, challenged the cancellation of his licence No. 35/2016 by the Sub‑Divisional Officer (Sadar) on the ground of an FIR alleging offences under IPC sections 406, 409 and Section 7 of the Essential Commodities Act. He also sought to set aside the order of the District Magistrate which dismissed his appeal against the cancellation. The High Court observed that the petitioner has an alternative statutory remedy – a revision petition under Section 32(vi) of the Control Order, 2016 – and therefore the writ petition was not entertained on its merits. The Court directed the petitioner to file the revision before the Divisional Commissioner within four weeks and prescribed timelines for the Commissioner’s decision, with notice and hearing to all parties. Consequently, the writ petition was disposed of without any substantive order on the merits.

Issues considered

  • Whether the cancellation of the public distribution system dealer licence can be set aside by a writ petition.
  • Whether the order of the District Magistrate dismissing the appeal is amenable to writ jurisdiction.
  • Whether the petitioner has an alternative remedy under Section 32(vi) of the Control Order, 2016.

Legislation cited

Subjects

  • license cancellation
  • public distribution system dealer
  • essential commodities act
  • writ petition
  • revision
  • control order 2016
  • administrative law

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.19478 of 2025
                 ======================================================
                 Ramdular Yadav Son of Late Tittu Yadav @ Teetu Yadav, Resident of Village-
                 Ghoshpur, Post Office and Gram Panchayat- Farka, Police Station and Block-
                 Sabour, District- Bhagalpur.

                                                                            ... ... Petitioner/s
                                                    Versus
           1.    The State of Bihar through the Secretary, Department of Food and Consumer
                 Protection, Government of Bihar Patna.
           2.    The District Magistrate Cum Collector, Bhagalpur.
           3.    Sub-Divisional Officer, Sadar Licensing Authority Bhagalpur.
           4.    District Supply Officer, Bhagalpur.
           5.    District Manager, Bihar State Food Corporation, Bhagalpur.
           6.    Assistant Godown Manager, Bihar State Food Corporation, Bhagalpur.
           7.    Block Supply Officer, Sabour, Bhagalpur.
           8.    Assistant Sub-Inspector of Police, Sabour Police Station, Bhagalpur.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :         Mr. Md. Nurul Hoda, Adv.
                                        :         Mr. Satish Chandra Mishra, Adv.
                 For BSFC               :         Mr. Niraj Kumar, Adv.
                 For the Respondent/s   :         Mr. Mr. Ajay, Government Advocate (05)
                                        :         Mr. Rakesh Kumar Ranjan, AC to GA5
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY
                                       ORAL ORDER

2   02-02-2026                   Heard the learned counsel for the parties.

                                 The present writ petition has been filed for the

                   following relief(s):-

                                                        “That, this is an application for issuance
                                            of an appropriate writ, order or direction for setting
                                            aside the order as contained in Memo no.
                                            325/Supply dated 31.03.2023 passed by learned
                                            Licensing Authority cum Sub Divisional Officer
                                            Sadar, Bhagalpur whereby and whereunder he
                                            cancelled the License of the petitioner Public
                                            Distribution System Dealer bearing License No.
                                            35/2016 with immediate effect, particularly on the
                                            ground of lodging of the First Information Report
Patna High Court CWJC No.19478 of 2025(2) dt.02-02-2026
                                           2/3




                                  against him by the Block Supply Officer, Sabour
                                  (Bhagalpur) for the alleged offence under sections
                                  406, 409 of the Indian Penal Code and section 7 of
                                  the Essential Commodities Act, bearing Sabour P.S.
                                  Case No. 530/2022 dated 30.11.2022 for the alleged
                                  irregularities, as well as for setting aside the order
                                  dated 07.07.2025 passed by learned District
                                  Magistrate      cum     Collector,    Bhagalpur      in
                                  Miscellaneous Supply Appeal Case No. 72/2023-24
                                  whereunder he dismissed the Appeal preferred by
                                  the petitioner against the order of cancellation of his
                                  license and affirmed the aforesaid order passed by
                                  learned Sub-Divisional Officer Sadar, Bhagalpur as
                                  contained in Memo No. 325/Supply dated
                                  31.03.2023, and or pass such other order or orders as
                                  your lordships may deem fit and proper under the
                                  facts and circumstances of the case.”



                      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

          hearing and submit their objections. The entire exercise shall be

          completed as expeditiously as possible preferably within a
          Patna High Court CWJC No.19478 of 2025(2) dt.02-02-2026
                                                     3/3




                    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)
Ayush/-

U


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