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
- Bihar Targeted Public Distribution System (Control) Order, 2016 — s. 32(iii), 32(v), 32(vi)
- Limitation Act, 1963 — s. 5
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
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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
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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
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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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