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Patna High Court

Avinash Kumar TiwariversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court directed the Sub‑Divisional Officer to consider the petitioners' representations and take appropriate action to rectify the E‑pos machine within eight weeks.

Summary

The petitioners, who are PDS dealers since 2020, filed a writ petition alleging that the electronic point‑of‑sale (E‑pos) machines at their shops do not reflect the actual quantity of grains available, despite multiple representations made to the authorities in 2020, 2022, and 2025. They sought a court direction for the Sub‑Divisional Officer to consider these representations and rectify the E‑pos discrepancies. The State, represented by the Government Pleader, raised no objection to such a direction provided it is exercised in accordance with law. The Court, without delving into the merits, disposed of the petition at the admission stage, directing the Sub‑Divisional Officer to act on the representations within eight weeks and to communicate any decision to the parties. Consequently, the writ petition was disposed of with the specified administrative direction.

Issues considered

  • Whether the High Court can issue a writ directing the Sub‑Divisional Officer to consider the petitioners' representations and rectify the E‑pos machine discrepancies under applicable law.

Subjects

  • PDS
  • E‑pos machine
  • grievance
  • writ petition
  • administrative direction
  • Food and Consumer Protection
  • Bihar

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  Civil Writ Jurisdiction Case No.587 of 2026
                 ======================================================
           1.     Avinash Kumar Tiwari Son of Kaushal Kishor Tiwari, Resident of Village -
                  Shrikarpur, P.S - Guthani, District - Siwan (Bihar).
           2.    Janardan Rai Son of Late Paras Nath Rai, Resident of Village- Goharua, P.S
                 - Guthani, District - Siwan (Bihar).
           3.    Babulal Ram Son of Gajaraj Ram, Resident of Village - Nainijor P.S-
                 Guthani, District - Siwan (Bihar).

                                                                        ... ... Petitioner/s
                                                   Versus
           1.    The State of Bihar through the principal Secretary, Food and Consumer
                 Protection Department, Old Secretariat, Patna.
           2.    The Managing Director, Bihar State Food Corporation, Patna.
           3.    The Head I.T. Cell, Food and Consumer Protection Department, Old
                 Secretariat, Patna.
           4.    The District Magistrate, District- Siwan.
           5.    The District Supply Officer, District- Siwan
           6.    The District Manager, Bihar State Food Corporation, District- Siwan.
           7.    The Additional District Manager, Bihar State Food Corporation, District-
                 Siwan.
           8.    The Sub Divisional Officer, Siwan, District - Siwan.
           9.    The Block Supply officer, Guthani, District- Siwan.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :      Mr.Kumar Gaurav, Adv.
                 For the Respondent/s   :      Mr.Government Pleader (24)
                 For the BSFC                  Mr. Shailendra Kr. Singh, Adv.
                                               Mr. Utkarsh Utpal, Adv.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY
                                       ORAL ORDER

2   13-02-2026                 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.

                               2. Learned counsel appearing on behalf of the

                   petitioner submits that the petitioner is a PDS dealer and has
Patna High Court CWJC No.587 of 2026(2) dt.13-02-2026
                                            2/3




          been continuing since the year 2020. Learned counsel submits

          that the petitioners have given suitable representations dated

          25.08.2020, 28.12.2022, 21.11.2025, 21.08.2025 and 12.03.2025

          ventilating his grievance (Annexure P/3 series). That the E-pos

          machine do not reflect the correct quantity of the grains which

          are available physically in the shop of the petitioner. However

          the authorities till date have not taken any steps to rectify the E-

          pos machine. Learned counsel submits that it would suffice for

          the present if a direction is given to the Respondent No. 8, i.e.,

          Sub-Divisional Officer to consider the representations made by

          the petitioners and take a suitable action for rectifying the E-pos

          machine.

                      3. Learned counsel appearing on behalf of the

          respondents-State submits that he has no objection if a direction

          is given to the Respondent No. 8, i.e., Sub-Divisional Officer to

          consider the representations made by the petitioners strictly in

          accordance with law.

                      4. Having regard to the same, the present writ petition

          is disposed of directing the Respondent No. 8, i.e., Sub-

          Divisional Officer to consider the representations made by the

          petitioners as expeditiously as possible preferably within a

          period of 8 weeks from the date of receipt of the copy of this
             Patna High Court CWJC No.587 of 2026(2) dt.13-02-2026
                                                         3/3




                       order. Any decision taken by the authorities shall be

                       communicated to the parties.

                                   5. With the above directions, the present writ petition

                       stands disposed of.



                                                               (A. Abhishek Reddy , J)
Bhardwaj/-

U


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