Patna High Court
Dayanand PrasadversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
Holding
The writ petition is not maintainable as an alternative remedy under Section 32(iii) of the Bihar Targeted Public Distribution System (Control) Order, 2016 is available; the petitioner must pursue the appeal, with the court condoning any delay.
Summary
The petitioner, Fair Price Dealers Association (Registration No.2525/81), filed a writ petition seeking an injunction restraining respondents 6 and 7 from using the association’s name and address and requesting the court to recognize the petitioner as the genuine association, relying on an earlier order in C.W.J.C. No.16359 of 2015. The respondents argued that the petitioner has an alternative remedy under Section 32(iii) of the Bihar Targeted Public Distribution System (Control) Order, 2016, which provides a right of appeal to the District Officer. The petitioner contended that the limitation period for filing such an appeal had expired and sought a direction to condone the delay under Section 5 of the Limitation Act. The court held that because an alternative statutory remedy exists, the writ petition is not maintainable and must be dismissed. The court directed the petitioner to file the appeal within four weeks, with the delay to be condoned, and ordered the District Magistrate to dispose of the appeal within three months. The writ petition was consequently disposed.
Issues considered
- Whether the writ petition is maintainable when an alternative remedy of appeal under Section 32(iii) of the Bihar Targeted Public Distribution System (Control) Order, 2016 is available.
- 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
- writ petition
- alternative remedy
- Section 32(iii)
- Limitation Act
- condonation of delay
- fair price dealers association
- injunction
- appeal
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.20923 of 2019
======================================================
Dayanand Prasad State General Secretary Fair Price Dealers Association,
Registration No. 2525 of 1981, Head Office, Bhikhana Pahari Saidpur Road,
Patna-4
... ... Petitioner
Versus
1. The State of Bihar through the Chief Secretary, Government of Bihar, Old
Secretariat, Patna-800001.
2. The Principal Secretary, Food and Consumer Protection Department,
Government of Bihar, Old Secretariat, Patna-800001.
3. The Secretary, Labour and Employment New Secretariat, Patna-1.
4. The District Magistrate, Patna.
5. The District Supply Officer, Patna.
6. Md. Aslam, At Chamdoria Kila Road, C/o Devendra Singh, Patna City,
Patna-8.
7. Mithilesh Kumar Singh, Chamdoria, Kila Road, Patna City, Patna-8.
... ... Respondent
======================================================
Appearance :
For the Petitioner : Mr. Vijoy Nandan Sahay, Advocate
For the Respondents : 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:
“That this is an application for
issuance of appropriate writ, order or
direction on the respondents 6 and 7 not
to use the name of Fair Price Dealers
Association, Registration No.2525/81
changing the office address at Chamdoria,
Kila Road, Patna City whereas the office
address of the Fair Price Dealers
Association Registration No.2525/81 is
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Bhikhana Pahari, Patna-4 and to the
Respondents 1 to 4 to recognize as
genuine Fair Price Dealers Association of
Registration No.2525/81 and prohibit the
Respondents No.6 & 7 to use the
Registration No.2525/81 in their
Correspondences, in view of the order of
this Hon'ble Court passed in C.W.J.C.
No.16359 of 2015 by Md. Aslam,
Respondent No.6 and by order dated
29.10.2018 it was held that the other
petitioners are no way attached to the
Fair Price Dealers Association Registration
No.2525/81 nor they are branches of the
said Association.”
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.
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
Patna High Court CWJC No.20923 of 2019 dt.22-06-2026
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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
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
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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
CAV DATE NA
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