Patna High Court
Rajmani PrasadversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- A ABHISHEK REDDY
Holding
The writ petition is disposed of, and the petitioner is directed to file a revision under Section 32(vi) of the Control Order, 2016 before the Divisional Commissioner.
Summary
Petitioner Rajmani Prasad filed a writ petition seeking to set aside the cancellation of his PDS licence (Ward No. 31, Licence No. 52 of 2007) and to quash an appellate order that dismissed his appeal. The Court, without examining the merits, disposed of the petition at the admission stage with the consent of both parties. It directed the petitioner to pursue a revision under Section 32(vi) of the Control Order, 2016 before the Divisional Commissioner within four weeks. The Divisional Commissioner was instructed to hear the matter, give notice to all parties, and pass a decision within a stipulated time frame. Consequently, the writ petition was dismissed and the petitioner was advised to use the alternative statutory remedy.
Issues considered
- What is the appropriate remedy for the petitioner against the cancellation of his PDS licence and the appellate order?
- Whether the writ petition is maintainable given the existence of a statutory revision remedy under Section 32(vi) of the Control Order, 2016?
Legislation cited
- Control Order, 2016 — s. 32(vi)
Subjects
- PDS licence
- Writ petition
- Cancellation order
- Revision
- Control Order 2016
- Administrative law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.2669 of 2026
======================================================
Rajmani Prasad, S/o Ganga Prasad, R/o village- Nayka Gaon, Khilanganj,
P.S. - Sasaram Town, District- Rohtas at Sasaram.
... ... Petitioner/s
Versus
1. The State of Bihar through Principal Secretary, Food and Consumer
Protection Department, Govt. of Bihar, Patna.
2. The District Magistrate-cum-Collector, Rohtas at Sasaram.
3. The Sub-Divisional Officer-cum-licensing authority, Rohtas at Sasaram.
4. The District Supply Officer, Rohtas at Sasaram.
5. The Block Supply Inspector, Nagar Parishad, Sasaram.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Binod Murari Mishra, Adv.
For the Respondent/s : Mr.Additional Advocate General (5)
Mr. Alok Ranjan, AC to AAG 5
======================================================
CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY
ORAL ORDER
2 02-04-2026 Heard the learned counsels for the parties.
2. The present writ petition has been filed for the
following relief(s):-
“1. For setting aside the order passed vide memo
No. 248 dated 26.2.2021 passed by the
respondent no.3 by which PDS license of the
petitioner for ward no. 31 license no. 52 of 2007
has been cancelled.
II. For quashing the appellate order dated
26.9.2025 passed by the respondent no.2 by
which appeal filed by the petitioner against the
Patna High Court CWJC No.2669 of 2026(2) dt.02-04-2026
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cancellation order has been dismissed in
mechanical manner.
III. For any other relief/reliefs for which the
petitioner is found entitled in the facts and
circumstances of the case.”
3. Without going into the merits or demerits of the
case, the present writ petition is disposed of at the stage of
admission with the consent of both the counsels.
4. 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 present writ
petition is disposed of directing the petitioner to approach the
Divisional Commissioner to ventilate 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.2669 of 2026(2) dt.02-04-2026
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5. With the above said directions, the writ petition
stand disposed of.
(A. Abhishek Reddy , J)
Bhardwaj/-
U
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