Patna High Court
Kameshwar ManjhiversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
Holding
The Court held that the writ petition must be disposed by directing the disposal of the pending appeal, and no writ of certiorari or mandamus was issued.
Summary
Petitioner Kameshwar Manjhi challenged the cancellation of his Public Distribution System (PDS) license (No. 05/2016) by a memo issued by the Sub‑Divisional Officer. He sought a writ of certiorari to quash the cancellation and a writ of mandamus to restore the license so that he could continue grain distribution. The respondents relied on Section 32(iii), (v) and (vi) of the Bihar Targeted Public Distribution System (Control) Order, 2016, which provide for an appeal to the District Officer and a subsequent revision if the appeal is not disposed of within the stipulated time. The petitioner had already filed an appeal (PDS Appeal No. 02 of 2019) pending before the District Magistrate. The Court held that the petitioner must first exhaust the administrative remedy and directed the concerned authority to dispose of the pending appeal within three months, thereby disposing of the writ petition without granting the writs.
Issues considered
- Whether the cancellation of the PDS license without appreciation of facts is amenable to judicial review.
- Whether the petitioner is required to exhaust the appeal provision under the Bihar PDS (Control) Order, 2016 before approaching the High Court.
- Whether the High Court can issue certiorari or mandamus when an appeal under the statutory scheme is pending.
Legislation cited
- Bihar Targeted Public Distribution System (Control) Order, 2016 — s. 32(iii), 32(v), 32(vi)
Subjects
- Public Distribution System
- License cancellation
- Certiorari
- Mandamus
- Administrative law
- Appeal
- Revision
- Writ petition
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.20506 of 2019
======================================================
Kameshwar Manjhi Son of Late Mathura Manjhi Resident of Village-
Bardahiya, Police Station- Marhoura, 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, Marhoura, Saran at Chapra.
5. The Block Supply Officer, Marhoura, Saran at Chapra.
6. The Block Supply Officer, Masrakh, 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.
2182 dated 18.12.2018 issued under
the signature of the Sub Divisional
Officer, Marhaura, Saran passed in
Case No. 07/18-19 (Public Distribution
System Dealer Shri Kameshwar Manjhi,
License No. 05/2016 Panchayat-
Bardahiya vs. Government) by which,
the license of the petitioner under
Public Distribution System bearing
license No. 05/2016 has been
cancelled, without appreciating the
facts and circumstances.
Patna High Court CWJC No.20506 of 2019 dt.22-06-2026
2/4
(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. 05/2016
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 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
Patna High Court CWJC No.20506 of 2019 dt.22-06-2026
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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. 02 of 2019 which is
pending before the District Magistrate.
4. Taking into consideration that P.D.S.
Appeal No. 02 of 2019 is pending before the
concerned 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.
Patna High Court CWJC No.20506 of 2019 dt.22-06-2026
4/4
5. With the above said observation, the Writ
petition is disposed of.
6. Interlocutory Application(s), if any, shall
stand disposed of.
(G. Anupama Chakravarthy, J)
Shanu/-
AFR/NAFR NAFR
CAV DATE NA
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