Shyam Deo Sah @ Shaymdev SahversusThe State of Bihar

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                   Civil Writ Jurisdiction Case No.20337 of 2019
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     Shyam Deo Sah @ Shaymdev Sah S/o Late Vansi Sah Resident of Village-
     Bara Takia, Khodaibagh, P.s.- Khaira, District- Saran

                                                               ... ... Petitioner
                                       Versus
1.   The State of Bihar
2.   The Divisional Commissioner Saran at Chapra
3.   The District Magistrate Saran at Chapra
4.   The Sub-Divisional Officer (Supply Division) Chapra Sadar, Saran at
     Chapra
5.   The Block Supply Officer Nagra, Saran at Chapra
6.   The Block Supply Officer Baniyapur, Saran at Chapra

                                               ... ... Respondents
     ======================================================
     Appearance :
     For the Petitioner    :      Mr. Umesh Kumar Mishra, Advocate
     For the Respondents   :      Mr. S. Raza Ahmad, AAG5
     ======================================================
     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 appropriate Writ in

                    the nature of certiorari for quashing the

                    memo no. 403 dated 18.01.2019 issued

                    under the signature of the Sub Divisional

                    Officer (Supply Branch), Chapra Sadar, by

                    which, the license of the petitioner under

                    Public Distribution System bearing license

                    No. 17/2016 has been cancelled, without

                    appreciating the facts and circumstances.
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                        (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. 17/2016

                        granted          to      him      for    distribution    of

                        foodgrains            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 provides
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       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
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                         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. Admittedly, from the reliefs prayed for in

       the Writ petition, it is evident that the petitioner has

       an alternative remedy under the provisions of bihar

       targeted public distribution system (control) order,

       2016.

                    4. The Learned counsel for the petitioner

       contended that he intends to file a representation

       before the concerned authority, but the limitation

       period for filing the same has lapsed. He prayed for a

       direction to the concerned authority to entertain the

       same in accordance with Section 5 of the Limitation

       Act.

                    5.     Taking       into      consideration    that   the

       petitioner has an alternative remedy for filing

       representation, the Writ petition is disposed of with a

       direction to the petitioner to file representation

       within one month from the date of receipt of this

       order before the concerned authority. The delay in
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                    filing the representation shall be condoned by the

                    authority concerned, and the authority shall dispose

                    of the same within three months from the date of

                    filing of the same.

                                 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)
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