Patna High Court
Mahesh PaswanversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- A ABHISHEK REDDY
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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