Patna High Court
Vijay Kumar RayversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
Holding
The writ petition was disposed of, with the Court directing the authorities to dispose of the pending appeal within three months, and no order was passed to quash the license cancellation.
Summary
The petitioner, a licensed dealer under the Public Distribution System (PDS), challenged the cancellation of his license by a Sub‑Divisional Officer on the ground that the order was passed without considering the facts and his show‑cause reply. He sought a writ of certiorari to quash the cancellation and a writ of mandamus to restore the license. The respondents relied on Section 32 of the Bihar Targeted Public Distribution System (Control) Order, 2016, which provides for an appeal to the District Officer and a subsequent revision to the Divisional Commissioner. The petitioner had already filed an appeal (PDS Appeal No. 03 of 2019) before the District Magistrate, which was pending at the time of the petition. The Court held that, since the appeal was pending, the writ petition could not be entertained to set aside the cancellation, but directed the authorities to dispose of the appeal within three months. Consequently, the writ petition was disposed of without granting any relief.
Issues considered
- What is the effect of a pending appeal under Section 32(iii) of the Bihar Targeted PDS (Control) Order, 2016 on a writ petition seeking certiorari and mandamus?
- Whether the cancellation order can be quashed by a writ when the statutory remedy of appeal and revision is available and pending?
Legislation cited
- Bihar Targeted Public Distribution System (Control) Order, 2016 — s. 32(iii), 32(v), 32(vi)
Subjects
- Public Distribution System
- License cancellation
- Writ of certiorari
- Writ of mandamus
- Appeal
- Revision
- Administrative law
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.20109 of 2019
======================================================
Vijay Kumar Ray Son of Late Chhathulal Ray, Resident of Village-
Bardahiyan, Tole Piparpati, Police Station-Marhaura, District-Saran.
... ... Petitioner/s
Versus
1. The State of Bihar Bihar
2. The Divisional Commissioner, Saran at Chapra.
3. The District Magistrate, Saran at Chapra.
4. The District Supply Officer, Saran at Chapra.
5. The Sub-Divisional Officer (Supply Division), Marhaura, Saran at Chapra.
6. The Block Supply Officer, Marhaura, Saran at Chapra.
7. The Block Supply Officer, Masrakh, Saran at Chapra.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Umesh Kumar Mishra, Adv.
For the Respondent/s : Mr.Arvind Ujjwal (SC4)
======================================================
CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY
ORAL JUDGMENT
Date : 22-06-2026
1. The Writ petition is filed for the
following reliefs:
I. For issuance of an
apporpriate writ in the nature of
certiorari for quashing the momo
no. 2183 dated 18.12.2018 issued
under the signature of the Sub
Divisional Officer, Marhaura,
Saran passed in Case No. 06/18-
19 ( Public Distribution System
Dealer Shri Vijay Kumar Rai,
License No. 116/2016 Panchayat-
Bardahiya VS. Government) by
which, the license of the
petitioner under Public
Patna High Court CWJC No.20109 of 2019 dt.22-06-2026
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Distribution System bearing
license No. 116/2016 has been
cancelled, without appreciating
the facts and circumstances as
well as the show-cause reply filed
by the petitioner.
II. For issuance of an
appropriate writ in the nature of
mandamus for commanding and
directing the respondent
authorities concerned to restore
the license of the petitioner
bearing license no. 116/2016
granted to him for distribution of
foodgrains and Kerosene Oil to
the consumers under Public
Distribution System, so that the
petitioner might be able to
distribute the essential
commodities to the ration card
holders, without any further
delay.
III. For issuance of any
other writ/writs, order/orders,
direction/directions for which the
petitioner would be entitled in the
facts and circumstances of the
present case.
2. At this juncture, the Learned counsel for
the respondents contended that Section 32(iii) of
the Bihar Targeted Public Distribution System
(Control) Order, 2016 provides for the provision of
appeal and Section 32(vi) of the Bihar Targeted
Public Distribution System (Control) Order, 2016
Patna High Court CWJC No.20109 of 2019 dt.22-06-2026
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provides for the provision of revision. Section 32(iii)
32(v) and 32(vi) read as follows:
“32 (iii). Any person
aggrieved by an order of the
licensing authority denying the
issue or renewal of the license to
the fair price shop owner or
cancellation of the license may
appeal to the District Officer within
thirty days of the date of receipt of
the order and the District
Magistrate shall, as far as
practicable, dispose the appeal
within a period of sixty days.”
32. (v) Till the disposal of
appeal pending, the Appellate
Authority may direct that the order
under appeal shall not take effect
for such period as the authority
may consider necessary for giving
a reasonable opportunity to the
other party under sub-clause (4) or
until the appeal is disposed of,
whichever is earlier.
(vi) Due to non disposal of
the appeal within sixty days by the
District Officer or against the order
passed in the appeal, a revision
may be filed before the Divisional
Commissioner. The revision shall
be disposed of within two months.
3. The Learned counsel for the petitioner
contended that he has already filed an appeal
bearing P.D.S. Appeal No. 03 of 2019 which is
Patna High Court CWJC No.20109 of 2019 dt.22-06-2026
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pending before the District Magistrate.
5. Taking into consideration that P.D.S.
Appeal No. 03 of 2019 is pending before the
District Magistrate, the Writ petition stands
disposed of with a direction to the concerned
authority to dispose of the appeal of the petitioner,
if any, within a period of three months from the
date of receipt/production of a copy of this order.
6. With the above said observation, the
Writ petition is disposed of.
7. Interlocutory Application(s), if any, shall
stand disposed of.
(G. Anupama Chakravarthy, J)
AMANDEEP/-
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