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Patna High Court

Baidhnath RamversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court held that the petitioner must pursue the alternative remedy provided under the Bihar Targeted Public Distribution System (Control) Order, 2016, and therefore the writ petition was dismissed.

Summary

The petitioner, Baidhnath Ram, challenged the cancellation of his Public Distribution System shop licence issued by the Sub‑Divisional Officer on 18‑09‑2013, seeking a writ of certiorari to quash the order. The respondents argued that the Bihar Targeted Public Distribution System (Control) Order, 2016 provides a specific appeal and revision mechanism for aggrieved licence holders. The petitioner also requested the Court to direct the authority to entertain a representation despite the limitation period having lapsed, invoking Section 5 of the Limitation Act. The Court observed that the statutory scheme offers a complete alternative remedy and therefore the writ petition was not maintainable. It directed the petitioner to file a representation within two months, with the delay condoned, and ordered the authority to dispose of it within three months. Consequently, the writ petition was disposed of.

Issues considered

  • Whether the petitioner can approach the High Court for a writ of certiorari when an alternative statutory remedy under the Bihar Targeted Public Distribution System (Control) Order, 2016 is available
  • Whether the Court can condone the limitation period and direct filing of a representation under Section 5 of the Limitation Act

Legislation cited

Subjects

  • Public Distribution System
  • Licence cancellation
  • Writ of certiorari
  • Alternative statutory remedy
  • Limitation Act
  • Representation
  • Appeal
  • Revision

Judgment

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.9477 of 2019
     ======================================================
     Baidhnath Ram Son of Mahesh Ram Resident of Village-Amawa Majhar,
     P.S.-Majhaulia District West Champaran

                                                                ... ... Petitioner/s
                                       Versus

1.   The State of Bihar through the Principal Secretary, Food and Civil Supply
     Department, Government of Bihar, Patna
2.   The District Magistrate, Bettiah, West Champaran
3.   The Sub Divisional Officer, Bettiah Sadar, West Champaran at Bettiah.
4.   The District Supply Officer, Bettiah, West Champaran at Bettiah.

                                               ... ... Respondent/s
     ======================================================
     Appearance :
     For the Petitioner/s   :     Mr. Ramendra Kumra B. Adv.
                                  Mr.Zainul Abedin, Adv.
     For the Respondent/s   :     Mr.S. Raza Ahmad (AAg5)
     ======================================================
     CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY

     ORAL JUDGMENT
     Date : 22-06-2026

                       1. The Writ petition is filed for the

      following reliefs:

                                       “That through this Writ
                            application the petitioner seeks
                            indulgence of this Hon'ble Court
                            for issuance of appropriate Writ in
                            the nature of Certiorari for
                            quashing the letter bearing Memo
                            No. 04 dated 18/09/2013 issued
                            under the signature of Sub
                            Divisional Officer Bettiah Sadar by
                            which the Public Distribution
                            System shop Licence of the
                            petitioner   Vide    Licence    No.
                            01/2010 was cancelled with
                            immediate effect which is illegal,
Patna High Court CWJC No.9477 of 2019 dt.22-06-2026
                                           2/4




                             unjust and not in accordance with
                             the law.”
                         2. At this juncture, the Learned counsel

         for the respondents contended that Section 32(iii)

         of the Bihar Targeted Public Distribution System

         (Control) Order, 2016 provides for the provision of

         appeal and           Section 32(vi) of the Bihar Targeted

         Public Distribution System (Control) Order, 2016

         provides for the provision of revision. Section 32(iii)

         32(v) and 32(vi) read as follows:

                                          “32 (iii). Any person
                               aggrieved by an order of the
                               licensing authority denying the
                               issue or renewal of the license to
                               the fair price shop owner or
                               cancellation of the license may
                               appeal to the District Officer
                               within thirty days of the date of
                               receipt of the order and the
                               District Magistrate shall, as far as
                               practicable, dispose the appeal
                               within a period of sixty days.”
                                          32. (v) Till the disposal
                               of appeal pending, the Appellate
                               Authority may direct that the
                               order under appeal shall not take
                               effect for such period as the
                               authority may consider necessary
                               for     giving     a      reasonable
                               opportunity to the other party
                               under sub-clause (4) or until the
                               appeal is disposed of, whichever
Patna High Court CWJC No.9477 of 2019 dt.22-06-2026
                                           3/4




                               is earlier.
                                          (vi) Due to non disposal
                               of the appeal within sixty days by
                               the District Officer or against the
                               order passed in the appeal, a
                               revision may be filed before the
                               Divisional    Commissioner.     The
                               revision shall be disposed of
                               within two months.


                         3. Admittedly, from the reliefs prayed for

         in the Writ petition, it is evident that the petitioner

         has an alternative remedy under the provisions of

         Bihar Targeted Public Distribution System (Control)

         Order, 2016.

                         4. The Learned counsel for the petitioner

         contended that he intends to file a representation

         before the concerned authority, but the limitation

         period for filing the same has lapsed. He prayed for

         a direction to the concerned authority to entertain

         the same in accordance with Section 5 of the

         Limitation Act.

                         5. Taking into consideration that the

         petitioner has an alternative remedy for filing

         representation, the Writ petition is disposed of with

         a direction to the petitioner to file representation
             Patna High Court CWJC No.9477 of 2019 dt.22-06-2026
                                                        4/4




                      within two months from the date of receipt of this

                      order before the concerned authority. The delay in

                      filing the representation shall be condoned by the

                      authority        concerned,             and   the   authority   shall

                      dispose of the same within three months from the

                      date of filing of the same.

                                      6. With the above said observation, the

                      Writ petition is disposed of.

                                      7. Interlocutory Application(s), if any,

                      shall stand disposed of.



                                                   (G. Anupama Chakravarthy, J)
AMANDEEP/-
AFR/NAFR                NAFR
CAV DATE                N/A
Uploading Date          22.06.2026
Transmission Date


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