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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

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
Patna High Court CWJC No.21779 of 2019 dt.29-06-2026
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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.”
Patna High Court CWJC No.21779 of 2019 dt.29-06-2026
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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
Patna High Court CWJC No.21779 of 2019 dt.29-06-2026
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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
             Patna High Court CWJC No.21779 of 2019 dt.29-06-2026
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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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