Patna High Court
Pankaj Kumar PankajversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- A ABHISHEK REDDY
Holding
The writ petition is disposed of, directing the petitioner to seek revision under Section 32(vi) of the Control Order 2016.
Summary
The petitioner, Pankaj Kumar, owned a Fair Price shop license No. 161/2016 which was cancelled by the Sub‑Divisional Officer on 4 January 2025 and the subsequent appeal was rejected by the Collector on 20 September 2025. He filed a writ petition seeking quashing of both orders and a mandamus to restore his licence. The Patna High Court heard the counsel and, with the consent of both parties, disposed of the petition at the admission stage. The Court observed that the petitioner has an alternative and efficacious remedy under Section 32(vi) of the Control Order 2016. Accordingly, it directed the petitioner to file a revision before the Divisional Commissioner within four weeks and to await the Commissioner’s order. No merits of the licence cancellation were examined and the writ petition was dismissed.
Issues considered
- Whether the cancellation of the petitioner’s Fair Price shop licence can be set aside by a writ petition.
- Whether the petitioner must first pursue the revision remedy under Section 32(vi) of the Control Order 2016 before approaching the court.
Legislation cited
- Control Order, 2016 — s. 32(vi)
Subjects
- Fair Price Shop
- licence cancellation
- writ petition
- mandamus
- revision
- Control Order 2016
- administrative law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.2848 of 2026
======================================================
Pankaj Kumar Pankaj, Son of Ram Baran Prasad Yadav, Resident of village-
Paijuna, P.S.- Ghoshvari, District- Patna.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Food and Consumer
Protection Department, Old Secretariat, Patna.
2. The Collector and District Magistrate, Patna, District- Patna.
3. The Sub-Divisional Officer, Barh, District- Patna.
4. The Block Supply Officer, Barh, District- Patna.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Rajeev Kumar Labh, Adv.
For the Respondent/s : Mr.Government Pleader (6)
======================================================
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):-
“A. For quashing and setting aside the order
passed by the Sub-Divisional Officer, Barh vide
Memo No. 08 dated 4/1/2025 whereby and
where under license of the petitioner's Fair Price
shop bearing No. 161/2016 has been cancelled
with immediate effect contained in Annexure P/1
and quashing and setting aside the order dated
20/9/2025 passed by the learned Collector and
District Magistrate, Patna in E.C. Appeal Case
Patna High Court CWJC No.2848 of 2026(2) dt.02-04-2026
2/3
No. 15/2024-25 whereby and where under appeal
filed by the petitioner has been rejected
contained in Annexure - P/4.
B. A mandamus commanding the Respondents to
restore the petitioner's license as before and to
make allotment for the petitioner's shop.”
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
Patna High Court CWJC No.2848 of 2026(2) dt.02-04-2026
3/3
the parties.
5. With the above said directions, the writ petition
stand disposed of.
(A. Abhishek Reddy , J)
Bhardwaj/-
U
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