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Patna High Court

Mahesh PaswanversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The writ petition is dismissed as the petitioner must first pursue the statutory appeal under Clause 32(3) of the Bihar TPDS (Control) Order, 2016.

Summary

Mahesh Paswan filed a writ petition in the Patna High Court challenging actions of the State of Bihar and its officials. The court observed that the petitioner has an alternative statutory remedy under Clause 32(3) of the Bihar Targeted Public Distribution System (Control) Order, 2016, which allows an appeal to the District Magistrate‑cum‑Collector, Patna. Consequently, the court declined to entertain the writ petition, directing the petitioner to pursue the statutory appeal within two weeks. The court further instructed that the appeal be heard with an opportunity of hearing and decided within eight weeks, with any order communicated to the parties. The writ petition was therefore disposed of.

Issues considered

  • Whether the writ petition is maintainable when an alternative statutory appeal under Clause 32(3) of the Bihar Targeted Public Distribution System (Control) Order, 2016 is available.

Subjects

  • writ jurisdiction
  • alternative remedy
  • statutory appeal
  • public distribution system
  • administrative law
  • jurisdiction

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.4077 of 2026
                 ======================================================
                 Mahesh Paswan S/o Brahmdeo Paswan, Resident of village- Bariyarpur, P.S.-
                 Bakhtiyarpur, District- Patna.

                                                                          ... ... Petitioner/s
                                                 Versus
           1.    The State of Bihar through Secretary, Food and Consumer Protection
                 Department, Government of Bihar, Old Secretariat, Patna.
           2.    The District Magistrate, Patna.
           3.    The S.D.O, Barh, Patna.
           4.    The Block Supply Officer, Bakhtiyarpur, Patna.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :      Mr.Vijay Anand, Adv.
                                               Mr. Roop Kishan, Adv.
                 For the Respondent/s   :      Mr.Standing Counsel (16)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY
                                       ORAL ORDER

2   15-04-2026                   Even though, the learned counsel appearing on behalf

                   of the petitioner has argued at length on merits of the case, this

                   Court is not inclined to entertain the present writ petition,

                   having regard to the facts that the petitioner has an alternative

                   and efficacious remedy of preferring a statutory appeal before

                   the District Magistrate-cum-Collector, Patna, under Clause

                   32(3) of the Bihar Targeted Public Distribution System

                   (Control) Order, 2016. The present writ petition is disposed of

                   directing the petitioner to approach the District Magistrate-cum-

                   Collector, Patna (Respondent No. 2) by way of appeal within a

                   period of two weeks from today. On such appeal being filed, the

                   District Magistrate-cum-Collector, Patna (Respondent No. 2)
             Patna High Court CWJC No.4077 of 2026(2) dt.15-04-2026
                                                         2/2




                       shall consider the same on merits and pass a reasoned orders in

                       accordance with law.

                                   2. It is needless to mention that before passing any

                       order, the authorities concerned shall give an opportunity of

                       hearing to the petitioner. The entire exercise shall be completed

                       as expeditiously as possible preferably within a period of eight

                       weeks from the date of filing of the appeal by the petitioner.

                       Any order passed shall be communicated to the parties.

                                   3. Accordingly, the present writ petition stands

                       disposed of.



                                                               (A. Abhishek Reddy , J)
Bhardwaj/-

U


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