Patna High Court
Shobhi Lal RamversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- A ABHISHEK REDDY
Holding
The High Court held that because a specific revision remedy under Section 32(vi) of the Control Order, 2016 is available, the writ petition cannot be entertained and must be dismissed.
Summary
The petitioner, Shobhi Lal Ram, filed a writ petition challenging the District Magistrate’s order dated 02‑08‑2023 which dismissed his appeal against the cancellation of Licence No.46 of 2017 by the Divisional Officer. He sought a writ to quash the order and restrain the respondents from acting on it. The Court observed that the petitioner has an alternative statutory remedy under Section 32(vi) of the Control Order, 2016, to seek revision before the Divisional Commissioner. Consequently, the Court directed the petitioner to pursue that remedy within four weeks and stipulated timelines for the Commissioner’s decision. The writ petition was therefore disposed of without granting any substantive relief.
Issues considered
- Whether a writ petition is maintainable when a specific statutory revision remedy under Section 32(vi) of the Control Order, 2016 is available
- Whether the order of the District Magistrate cancelling the licence can be quashed by a writ
Legislation cited
- Control Order, 2016 — s. 32(vi)
Subjects
- Public Distribution System
- License cancellation
- Writ petition
- Revision
- Control Order 2016
- Administrative law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.2110 of 2025
======================================================
Shobhi Lal Ram Son of Late Ghoghen Ram, Resident of Village- Sonepatahi,
P.S.- Babu Barhi, District- Madhubani.
... ... Petitioner/s
Versus
1. The State of Bihar through its Principal Secretary, the Public Distribution
System, Bihar, Patna.
2. District Magistrate, Madhubani.
3. Sub- Divisional Magistrate, Madhubani.
4. Block Rationing Officer, Babubarhi, Madhubani.
5. Assistant Depot Manager, Babubarhi, Madhubani.
6. District Manager, State Food Corporation, Madhubani.
7. Kerosen Oil Whole Sale Seller, Madhubani.
8. District Rationing Officer, Madhubani.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Mohammad Abu Shajar, Adv.
For the Respondent/s : Mr. Standing Counsel (10)
For the State : Dr. Md. Raisul Haque, Adv.
======================================================
CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY
ORAL ORDER
5 11-02-2026 Heard the learned counsels for the parties.
The present writ petition has been filed for the
following relief(s):-
“1. That this writ petition is being
filed for issuance of an appropriate writ and/or
order, direction commanding the respondent
concerned and to quash the order dated
02.08.2023 passed by the respondent -District
Magistrate, Case Madhubani in Rationing
Appeal No.19 of 2023 whereby the respondent-
District Magistrate, Madhubani has rejected/
Dismissed the appeal filed by the petitioner by
Patna High Court CWJC No.2110 of 2025(5) dt.11-02-2026
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affirming the order passed by the Divisional
Officer, contained in Memo 30.01.2023 whereby
Divisional the Officer, dated 30.01.2023
Respondent Sub-Madhubani Sadar as No.79
dated respondent Sub-Madhubani Sadar has
cancelled the Licence No.46 of 2017 of the
petitioner as well as to restrain the respondents-
concerned from giving effect to the impugned
Orders or any other relief or reliefs which the
petitioner is entitled to.”
3. Without going into the merits or demerits of the
case, having regard to the fact that the petitioner is having an
alternative and efficacious remedy of filing a revision under
Section 32(vi) of the Control Order 2016. The petitioner is
directed to approach the Divisional Commissioner ventilating
his grievance within a period of four weeks from the date of the
receipt of a copy of this order. On receipt of the revision, the
Divisional Commissioner shall pass necessary orders strictly in
accordance with law within a period of four weeks thereof. It is
needless to mention that before any order is passed, all the
parties shall be put on notice and given an opportunity of
hearing and submit their objections. The entire exercise shall be
completed as expeditiously as possible preferably within a
period of eight weeks thereof. Any order passed shall be
communicated to all the parties.
Patna High Court CWJC No.2110 of 2025(5) dt.11-02-2026
3/3
4. With the above said directions, the writ petition
stand disposed off.
(A. Abhishek Reddy , J)
Gauravkr/-
U
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