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Patna High Court

Shobhi Lal RamversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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
                                            2/3




                                  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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