Patna High Court
Dhanlal HarijanversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
Holding
The writ petition is dismissed and the petitioner is directed to pursue the remedy provided under the Bihar Targeted Public Distribution System (Control) Order, 2016.
Summary
The petitioner, Dhanlal Harijan, challenged the cancellation of his Fair Price Shop licence (No.27TR/2007) by the Sub‑Divisional Officer on 12‑Nov‑2016, seeking a writ to set aside the order. The respondents relied on Sections 32(iii), (v) and (vi) of the Bihar Targeted Public Distribution System (Control) Order, 2016, which provide a specific appeal to the District Magistrate and a revision to the Divisional Commissioner. The Court observed that the petitioner had an alternative statutory remedy and that the District Magistrate, being the head of the selection committee, could not entertain an appeal against his own order. Consequently, the petitioner was directed to file a representation/complaint before the Divisional Commissioner, with the delay condoned and the matter to be disposed of within three months. The writ petition was therefore dismissed as the appropriate remedy lay under the 2016 Order.
Issues considered
- Whether the writ petition is maintainable when a specific appeal and revision mechanism under the Bihar Targeted Public Distribution System (Control) Order, 2016 exists.
- Whether the limitation period for filing a representation can be condoned under Section 5 of 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
- Fair Price Shop
- License cancellation
- Writ petition
- Alternative statutory remedy
- Administrative law
- Limitation
- Bihar Targeted Public Distribution System
- Appeal
- Revision
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.21779 of 2019
======================================================
Dhanlal Harijan Son of Gopi H.@ Gopi Harijan, Resident of Village-
Balwadangi Under Dakpokhar Panchayat, Block- Terhagach, P.O. Mahes
Batna, P.S. Terhagach, District- Kishanganj.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Food and Consumer
Protection Department, Bihar, Patna.
2. The Sub-Divisional Officer, Kishanganj, (S.D.O.), District- Kishanganj.
3. The Block Supply Officer, Terhagach Block, District- Kishanganj.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Satish Kumar Sinha, Adv.
For the Respondent/s : Mr. Arvind Ujjwal (SC4)
======================================================
CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY
ORAL JUDGMENT
Date : 29-06-2026
1. The Writ petition is filed for the following
reliefs:
(i) To set aside the order dated
12.11.2016 passed in Case No. 2615 of
2016 by the respondent Sub-Divisional
Officer, Kishanganj by which the license
bearing License No. 27TR/2007 granted
to the petitioner under the Fair Price Shop
(Order) and/or the PDS (Control) Order,
2001 for carrying on business has been
cancelled illegally.
(ii) To direct the respondent Sub-
divisional Officer to restore the License
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No. 27TR/2007 in favour of the petitioner
granted under the Fair Price Shop Order
and/or the PDS (Control) Order, 2001
which has been cancelled illegally.
(iii) To pass such other order/
orders as may deem fit and proper to
secure the ends of justice.
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.”
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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
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
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Committee he cannot review his orders in an appeal.
Therefore, the petitioner is directed to file a
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
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the authority concerned, and the authority 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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