Baidhnath Ram v. The State Of Bihar
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,
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
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
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