Md. Hasim Haidar @ Md. Hasim Haider Ansari,versusThe State of Bihar

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.20794 of 2019
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     Md. Hasim Haidar @ Md. Hasim Haider Ansari, son of Late Md. Mukim
     Unis, resident of ward No. 6, Gogri, P.S.- Gogri, District- Khagaria.

                                                                  ... ... Petitioner
                                       Versus
1.   The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna.
2.   The Principal Secretary, Deptt. of Food and Consumer Protection, Govt. of
     Bihar, Patna.
3.   The District Magistrate, Khagaria, Distt- Khagaria.
4.   The Sub-divisional Officer-cum- Licensing Officer, Gogri, District-
     Khagaria.
5.   The District Supply Officer, Gogri, Distt- Khagaria.
6.   The Block Supply Officer, Gogri, Distt- Khagaria.

                                               ... ... Respondents
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     Appearance :
     For the Petitioner/s   :      Mr. Amrendra Kumar
     For the Respondent/s   :      Mr. S.Raza Ahmad (Aag5)
     ======================================================
     CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA
     CHAKRAVARTHY
                     ORAL JUDGMENT
      Date : 22-06-2026


                   1. Heard the Learned counsel for the

     petitioner as well as Learned counsel for the

     respondents.

                 2. It is submitted by the Learned counsel for

     the petitioner that the petitioner has filed the Writ

     petition challenging the cancellation order of PDS,

     passed by the Sub-divisional Officer, Gogri dated

     06.09.2019. It is further submitted that the the

     petitioner died during the pendency of the Writ
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       petition and he intends to file a substitution petition

       to bring the legal heirs on record.

                    2. On the other hand, 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 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.
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                                     (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. Admittedly, from the reliefs prayed for in

        the Writ petition, it is evident that the petitioner has

        an alternative remedy to prefer an appeal against

        cancellation orders of the PDS license under the

        provisions of             Bihar Targeted Public Distribution

        System (Control) Order, 2016, and without availing

        the      alternative           remedy,         the   petitioner   has

        approached this Court.

                    5.     Taking       into      consideration    that   the

       petitioner is no more and alternative remedy is also

       available, the Writ petition is disposed of with a

       direction that, instead of filing a substitution petition

       in the Writ petition, if the legal heirs of the petitioner

       intend to prefer an appeal, they shall approach the

       concerned authority within one month from the date

       of receipt of this order. In turn, the concerned

       authority shall dispose of the appeal within three
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                    months from the date of filing of the appeal,

                    considering the materials available on record.

                                 7. With the above said observation, the Writ

                    petition is disposed of.

                                 8. Interlocutory Application(s), if any, shall

                    stand disposed of.



                                                   (G. Anupama Chakravarthy, J)
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