Shankar Choudhary v. The State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15657 of 2017 ====================================================== Shankar Choudhary Son of Jageshwar Chaudhary, Resident of Village- Baro Chakahkim Tola, P.O.- Baro, P.S.- Phulwwariya, District- Begusarai. ... ... Petitioner/s

Versus

1.

The State Of Bihar through the Principal Secretary, Food and Civil Supply Department, Government of Bihar, Old Secretariat, Patna 2.

The S.D.O. Teghra, Begusarai.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Binod Kumar, Advocate For the Respondent/s :

Mr. S. Raza Ahmad. AAG 5 ====================================================== CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY ORAL JUDGMENT Date : 08-07-2025

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

" ...... for setting aside the Order dated 28.10.2011, passed by S.D.O., Teghra whereby and whereunder the licensing authority cancelled the Licence No. 11/97. "

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. Section 32(iii) read as follows:

"32 (iii). Any person aggrieved

Patna High Court CWJC No.15657 of 2017 dt.08-07-2025 2/3 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.

5. Taking into consideration that the petitioner has an alternative remedy for filing an

Patna High Court CWJC No.15657 of 2017 dt.08-07-2025 3/3 appeal, the writ petition is disposed of with a direction to the petitioner to file an appeal 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 09.07.2025 Transmission Date