Patna High Court
Shivan Rishideo @ Shivan RishiversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
Holding
The petition is dismissed; the petitioner must first file a representation under Section 32(vii) of the Bihar Targeted Public Distribution System (Control) Order, 2016 before the Principal Secretary.
Summary
The petitioner, Shivan Rishi, filed a writ petition seeking to set aside three orders: a supply revision order dated 25‑10‑2022, a supply appeal order dated 08‑06‑2018, and a memo cancelling his Public Distribution System licence (No. 47/2007). The respondents argued that the Bihar Targeted Public Distribution System (Control) Order, 2016, particularly Section 32(vii), provides an alternative remedy whereby the petitioner can approach the Principal Secretary with a representation. The Court observed that the petitioner indeed has this alternative remedy and therefore should not approach the High Court directly. Without examining the merits, the Court directed the petitioner to file a representation before the Principal Secretary within four weeks, with any delay to be condoned and the matter to be decided within three months. The Court also emphasized that parties must be given notice and hearing before any order is passed. Consequently, the writ petition was disposed of, directing the petitioner to use the statutory remedy.
Issues considered
- Whether the petitioner is required to pursue the alternative remedy under Section 32(vii) of the Bihar Targeted Public Distribution System (Control) Order, 2016 before approaching the High Court.
- Whether the orders impugned in the writ petition can be set aside by this Court despite the existence of the alternative remedy.
Legislation cited
Subjects
- Writ petition
- Public Distribution System
- License cancellation
- Alternative remedy
- Section 32(vii)
- Administrative law
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.4037 of 2023
======================================================
Shivan Rishideo @ Shivan Rishi Son of Late Aghnu Rishideo, @ Aginu Rishi
Resident of Village- Kohbara, Police Station-K. Nagar, District-Purnea.
... ... Petitioner/s
Versus
1. The State of Bihar Bihar
2. The Principal Secrerary, Department of Food and Consumer Protection,
Government of Bihar, Patna.
3. The Commissioner, Purnea Division, Purnea
4. The Collector, Purnea.
5. The Sub-Divisional Officer, Sadar, Purnea
6. The Block Supply Officer, K. Nagar, Purnea.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Suresh Kumar, Adv.
Mr. Arbind Kumar, Adv.
For the Respondent/s : Mr.S. Raza Ahmad (AAG-5)
Mr. A.H. Ac to AAG-5
======================================================
CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY
ORAL JUDGMENT
Date : 29-06-2026
1. The petitioner has filed the Writ petition
for the following reliefs:
i) For setting aside the order dated
25.10.2022 in Supply Revision no.
49/2022 passed by the
Commissioner, Purnea Division,
Purnea (respondent no.3) whereby
and whereunder the revisional
authority has been pleased to affirm
the orders of lower authorities |
Patna High Court CWJC No.4037 of 2023 dt.29-06-2026
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Courts;
(ii) For setting aside the order dated
08.06.2018 in Supply Appeal Case
no.109/2015 passed by the Collector,
Purnea (respondent no.4) whereby
and whereunder the appellate
authority has been pleased to affirm
the order dated 24.03.2014
contained in memo no.110 dated
24.03.2014 passed by the Sub-
Divisional Officer, Sadar, Purnea
(respondent no.5) and dismissed the
appeal preferred by the petitioner.
(iii) to quash the order contained in
memo no.110 dated 24.03.2014
whereby and whereunder the
licensing authority has been pleased
to cancel the Public Distribution
System (PDS) license of the
petitioner being License no.47/2007.
2. At the outset, the Learned Counsel
for the respondents draws the attention of this
Court to Section 32 (vii) of the Bihar Targeted
Public Distribution System (Control) Order, 2016.
3. For better appreciation of the facts
of the case, Section 32 (vii) of the Bihar Targeted
Patna High Court CWJC No.4037 of 2023 dt.29-06-2026
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Public Distribution System (Control) Order, 2016 is
reproduced hereinbelow:
“32. (vii) The Principal
Secretary/ Secretary of the department
may call for the records related to the
order passed under the provisions of this
Order by the Divisional Commissioner or
the District Officer or the licensing
authority or the Sub Divisional Officer suo
moto or upon a representation by
someone, and if he is satisfied that the
Divisional Commissioner or the District
Officer or the licensing authority or the
Sub Divisional Officer
(a) has exercised such
powers which are not entrusted to him,
(b) has exercised his powers
illegally without considering the facts of
the case,
(c) has failed in use of his
powers, he may pass an order which he
thinks fit.”
4. Heard the Learned counsel for the
petitioner and the Learned counsel for the
respondents.
5. Admittedly, from the reliefs prayed
Patna High Court CWJC No.4037 of 2023 dt.29-06-2026
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for in the writ petition, it is evident that the
petitioner has an alternative remedy of filing a
representation available under Section 32(vii) of
the Bihar Targeted Public Distribution System
(Control) Order, 2016.
6. Taking into consideration, without
going into the merits or demerits of the case, that
the petitioner has an alternative remedy of filing a
representation before the Principal Secretary,
under Section 32 (vii) of the Bihar Targeted Public
Distribution System (Control) Order, 2016 against
the impugned orders, the writ petition is disposed
of with a direction to the petitioner to file the
representation within four weeks from the date of
receipt of this order before the Principal Secretary.
The delay in filing the representation, if any, shall
be condoned by the Principal Secretary, and the
authority shall dispose of the representation within
three months from the date of filing of the same.
7. It is needless to mention that before
passing any order, all the concerned parties shall
be put on notice and given an opportunity of
Patna High Court CWJC No.4037 of 2023 dt.29-06-2026
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hearing. Any order passed shall be communicated
to the party.
8. With the above observations, the
present writ petition stands disposed of.
9. 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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