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Patna High Court

Pankaj Kumar PankajversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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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