Patna High Court
Nitish KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
Holding
The Court held that the petitioner must pursue the alternative remedy provided under the Bihar Targeted Public Distribution System (Control) Order, 2016, and dismissed the writ petition.
Summary
Nitish Kumar challenged the cancellation of his Public Distribution System (PDS) licence by the Sub‑divisional Officer, Barh, through a writ petition seeking restoration of licence No. 64 of 2017. The respondents argued that the Bihar Targeted Public Distribution System (Control) Order, 2016 provides a specific appeal and revision mechanism, making the writ petition an inappropriate remedy. The Court observed that the petitioner has an alternative statutory remedy and that the District Magistrate, being the head of the Selection Committee, cannot entertain an appeal against his own order. Accordingly, the Court directed the petitioner to file a representation before the Divisional Commissioner, condoning the delay and allowing the authority to consider his pleas within three months. The writ petition was therefore disposed of.
Issues considered
- Whether the writ petition is maintainable when a specific appeal/revision remedy under the Bihar Targeted Public Distribution System (Control) Order, 2016 is available.
- Whether the court can direct the petitioner to file a representation despite the lapse of the limitation period under the Limitation Act.
Legislation cited
- Bihar Targeted Public Distribution System (Control) Order, 2016 — s. 32(iii), 32(v), 32(vi)
- Limitation Act — s. 5
Subjects
- Public Distribution System
- Licence cancellation
- Writ petition
- Alternative statutory remedy
- Administrative law
- Limitation Act
- Appeal
- Revision
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.21074 of 2019
======================================================
Nitish Kumar Son of Subodh Prasad, Resident of Village- Teja Bigha, P.S.
Bakhtiyarpur, District- Patna.
... ... Petitioner/s
Versus
1. The State of Bihar through Secretary Food and Consumer Protection
Department, Old Secretariat, Patna.
2. The District Magistrate, Patna.
3. The Sub-Divisional Officer, Barh.
4. The Block Supply officer, Bakhtiyarpur.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Vijay Anand,Adv.
For the Respondent/s : Mr.S. Raza Ahmad ( AAG-5 )
======================================================
CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY
ORAL JUDGMENT
Date : 29-06-2026
1. The writ petition is filed for the following
reliefs:
“That the present Writ application
is being filed for challenging the order
dated 18.09.2019 passed by the Learned
Sub-divisional Officer, Barh, whereby and
whereunder the PDS Licence granted to
the petitioner for carried out the business
of Public Distribution Shop within the
Panchayat Goshwari, Block, Bakhtiyarpur
was cancelled on the ground the show
cause filed by the petitioner is not based
Patna High Court CWJC No.21074 of 2019 dt.29-06-2026
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on evidence and the same is
unsatisfactory and further directed the
Licensing Authority to restore the Licence
No. 64 of 2017 with immediate effect.
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 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
Patna High Court CWJC No.21074 of 2019 dt.29-06-2026
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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. 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 remedy available under the Act is to
prefer an appeal before the District Magistrate. As
the District Magistrate is the head of the Selection
Committee he cannot review his orders in an appeal.
Therefore, the petitioner is directed to file a
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complaint/application before the Divisional
Commissioner.
5. 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.
6. 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
filing the complaint/application shall be condoned by
the authority concerned. The petitioner is permitted
to raise all his pleas before the concerned authority
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and the authority shall consider the material
available on record and submissions made by the
petitioner and shall dispose of the same within three
months from the date of filing of the same.
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)
Manish/-
AFR/NAFR NAFR
CAV DATE N/A
Uploading Date 30.06.2026
Transmission Date 30.06.2026
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