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Patna High Court

Uday Shankar SinghversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The petitioner must pursue a revision under Section 32(vi) of the Control Order, 2016, and the writ petition is disposed accordingly.

Summary

The petitioner, Uday Shankar Singh, had his Public Distribution System (PDS) licence revoked by the Additional Collector in a supply appeal and filed a writ petition in the Patna High Court seeking quashing of that order and a direction to renew the licence. The Court, without delving into the merits, observed that the petitioner has an alternative and efficacious remedy under Section 32(vi) of the Control Order, 2016. Accordingly, the petitioner was directed to file a revision before the Divisional Commissioner within four weeks of receiving the order. The Court further directed the Divisional Commissioner to decide the revision within four weeks and to give notice and an opportunity of hearing to all parties before any order, completing the process within eight weeks. The writ petition was therefore disposed of to the extent of these directions.

Issues considered

  • Whether the High Court should entertain the writ petition challenging the revocation of the petitioner’s PDS licence.
  • Whether the petitioner must first pursue the revision remedy provided under Section 32(vi) of the Control Order, 2016 before approaching the court.

Legislation cited

Subjects

  • PDS licence
  • Public Distribution System
  • Control Order 2016
  • Section 32(vi)
  • revision remedy
  • writ petition
  • administrative law
  • food grain supply

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Civil Writ Jurisdiction Case No.5439 of 2026
                 ======================================================
                 Uday Shankar Singh S/o Late Bansropan Singh, Resident of Village Lahsa,
                 PS Mansahi, District Katihar.

                                                                          ... ... Petitioner/s
                                                   Versus
           1.    The State of Bihar through the Addl. Chief Secretary, Food and Consumer
                 Protection Department, Govt. of Bihar, Patna.
           2.    The Divisional Commissioner, Purnea.
           3.    The Collector cum District Magistrate, Katihar.
           4.    The Addl. Collector cum Addl. District Magistrate, Katihar.
           5.    The District Supply Officer, Katihar.
           6.    The Sub-Divisional Officer, Katihar.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :      Mr.Bhola Prasad, Advocate.
                 For the Respondent/s    :      Mr.Government Pleader (02)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY
                                    ORAL ORDER

2   22-04-2026                    Heard the learned counsel for the parties.

                                 2. The present Writ Petition has been filled for the

                   following reliefs:-

                                                   (i) For quashing the order dated
                                        20.08.2025 passed by the Addl. Collector cum
                                        Addl. District Magistrate in Supply Appeal Case
                                        No. 17/2023-24 whereby the appeal of the
                                        petitioner was rejected and refused to restore the
                                        PDS License of Petitioner.
                                                   (ii) For a direction to the respondents
                                        to renew the license of petitioner and restore
                                        supply of food grains.”
                                 3. Without going into the merits or demerits of the case,

                   having regard to the fact that the petitioner is having an alternative
           Patna High Court CWJC No.5439 of 2026(2) dt.22-04-2026
                                                       2/2




                     and efficacious remedy of filing a revision under Section 32(vi) of

                     the Control Order 2016. The petitioner is directed to approach the

                     Divisional Commissioner ventilating 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.

                                 4. It is needless to mention that before any order

                     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 the parties.

                                 5. With the above directions, the present Writ petition

                     stands disposed of to the extent indicated above.



                                                             (A. Abhishek Reddy, J)
shakir/-

U


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