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Patna High Court

Rajmani PrasadversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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
                                            2/3




                             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
                                                         3/3




                                   5. With the above said directions, the writ petition

                       stand disposed of.


                                                               (A. Abhishek Reddy , J)
Bhardwaj/-

U


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