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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

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
Patna High Court CWJC No.21074 of 2019 dt.29-06-2026
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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
             Patna High Court CWJC No.21074 of 2019 dt.29-06-2026
                                                        5/5




                     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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