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Patna High CourtCWJC/9273/2018disposed

Suresh Ray @ Suresh Singh v. The State Of Bihar And ORS

2025-06-26Justice Smt. G. Anupama Chakravarthy3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9273 of 2018 ====================================================== Suresh Ray @ Suresh Singh S/o Late Raja Ray, R/o Village-Kahla, P.S.- Barauli, District-Gopalganj.

... ... Petitioner/s

Versus

1.

The State Of Bihar through Chief Secretary, Govt. of Bihar, Patna 2.

The District Magistrate, Gopalganj.

3.

The Sub-Divisional Officer, Gopalganj.

4.

The Block Supply Officer, Barauli, Gopalganj. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjay Kumar Pandey, Advocate For the Respondent/s :

Mr. Arvind Ujjwal- SC 4 ====================================================== CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY ORAL JUDGMENT Date : 26-06-2025

1. The writ petition is filed for the following reliefs:

" ........for quashing the order dated 16.09.2017 vide which the P.D.S.

License of the petitioner has been cancelled and also for quashing the order dated 28.02.2018 by which the petition of the petitioner dated 08.02.2018 has been rejected and the P.D.S. License of the petitioner was not restored.."

2. At this juncture, the Learned counsel for the respondents contended that Section 32(iii) of the Bihar Targeted Public Distribution System

Patna High Court CWJC No.9273 of 2018 dt.26-06-2025 2/3 (Control) Order, 2016 provides for the provision of appeal. Section 32(iii) 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."

3. Admittedly, from the reliefs prayed for in the writ petition, it is evident that the petitioner has an alternative remedy of appeal available under Section 32(iii) of the Bihar Targeted Public Distribution System (Control) Order, 2016.

4. The Learned counsel for the petitioner contended that he intends to file an appeal before the concerned District Magistrate, but the limitation period for filing the appeal has lapsed. He prayed for a direction to the concerned District Magistrate to entertain the appeal in accordance with Section 5 of the Limitation Act.

Patna High Court CWJC No.9273 of 2018 dt.26-06-2025 3/3

5. Taking into consideration that the petitioner has an alternative remedy for filing an appeal, the writ petition is disposed of with a direction to the petitioner to file an appeal petition within four weeks from the date of receipt of this order before the concerned District Magistrate. The delay in filing the appeal shall be condoned by the District Magistrate, and the authority shall dispose of the appeal within three months from the date of filing of the appeal.

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) Spd/- AFR/NAFR NAFR CAV DATE NA Uploading Date 27.06.2025 Transmission Date