Patna High Court
Primary Agriculture Credit Co operative Society (PACS)versusThe Secretary Food and Consumer Protection Department
- Decided
- Disposal
- DISPOSED
Holding
The writ petition is dismissed as the petitioner must pursue the appeal provided under Section 32(iii) of the Bihar Targeted Public Distribution System (Control) Order, 2016.
Summary
The Primary Agriculture Credit Co-operative Society (PACS) Parasmani challenged the cancellation of its Public Distribution System (PDS) license by a Sub‑Divisional Officer, seeking a writ to quash the order and restore the license. The respondents argued that the petitioner had an alternative remedy under Section 32(iii) of the Bihar Targeted Public Distribution System (Control) Order, 2016, which provides a right to appeal to the District Officer within thirty days. The petitioner claimed the limitation period for filing the appeal had expired and requested the court to direct the District Magistrate to entertain the appeal under Section 5 of the Limitation Act. The court observed that the existence of a statutorily provided appeal route barred the writ petition and directed the petitioner to file the appeal within four weeks, with the delay to be condoned and the appeal decided within three months. Consequently, the writ petition was disposed of, and the matter was remitted to the administrative forum.
Issues considered
- The existence of an alternative statutory remedy (appeal under Section 32(iii) of the Bihar Targeted Public Distribution System (Control) Order, 2016) bars the maintenance of a writ petition.
- Whether the limitation period for filing the appeal can be condoned under Section 5 of the Limitation Act.
Legislation cited
- Bihar Targeted Public Distribution System (Control) Order, 2016 — s. 32(iii)
- Limitation Act — s. 5
Subjects
- Public Distribution System
- License cancellation
- Writ petition
- Alternative remedy
- Limitation
- Administrative law
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.20296 of 2019
======================================================
Primary Agriculture Credit Co operative Society (PACS) Parasmani,
Panchayat- Parasmani, P.s.- Sarsi, district- Purnea through its Chairman-cum-
Manager, Vijay Shankar Bhagat, aged about 57 years (Male), S/o Late
Sukhdeo Bhagat, Resident of Ward No. 8, Village- Parasmani, P.s.- Sarsi,
Distt.- Purnea
... ... Petitioner
Versus
1. The Secretary Food and Consumer Protection Department Govt. of Bihar,
Patna
2. The Collector Purnea
3. The Sub-Divisional Officer Dhamdaha, Distt.- Purnea
4. The Additional District Supply Officer Dhamdaha, Distt.- Purnea
... ... Respondents
======================================================
Appearance :
For the Petitioner : Mr. Shailendra Kumar Singh, Advocate
: Mr. Dhananjay Nath Tiwari, Advocate
For the Respondents : Mr. Arvind Ujjwal, SC4
======================================================
CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY
ORAL JUDGMENT
Date : 24-06-2026
1. The Writ petition is filed for the following
reliefs:
“For quashing the order
contained in memo no. 320 dated
07.08.2019 passed by the learned
Sub Divisional Officer, Dhamdaha
by which he was pleased to cancel
the PDS license of the petitioner
being license no. 66/2016 and
further be pleased to restore the
license and supply of the
petitioner.”
2. At this juncture, the Learned counsel for
the respondents contended that Section 32(iii) of
the Bihar Targeted Public Distribution System
Patna High Court CWJC No.20296 of 2019 dt.24-06-2026
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(Control) Order, 2016 provides for the provision of
appeal. Section 32(iii) 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.”
3. Admittedly, from the reliefs prayed for in
the Writ petition, it is evident that the petitioner
has an alternative remedy of appeal available
under Section 32(iii) of the Bihar Targeted Public
Distribution System (Control) Order, 2016.
4. The Learned counsel for the petitioner
contended that she intends to file an appeal before
the concerned District Magistrate, but the
limitation period for filing the appeal has lapsed.
He prayed for a direction to the concerned District
Magistrate to entertain the appeal in accordance
with Section 5 of the Limitation Act.
5. Taking into consideration that the
petitioner has an alternative remedy for filing an
Patna High Court CWJC No.20296 of 2019 dt.24-06-2026
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appeal, the Writ petition is disposed of with a
direction to the petitioner to file an appeal petition
within four weeks from the date of receipt of this
order before the concerned District Magistrate. The
delay in filing the appeal shall be condoned by the
District Magistrate, and the authority shall dispose
of the appeal within three months from the date of
filing of the appeal.
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)
Shanu/-
AFR/NAFR NAFR
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