Binod Kumar Singh @ Vinod Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.16471 of 2019 ====================================================== Binod Kumar Singh @ Vinod Kumar Son of late Dharichhan Rai, R/o Village- Suarmarwa, P.S. Maner, District- Patna. ... ... Petitioner/s
Versus
1.
The State of Bihar through the Principal Secretary, Food and Consumer Protection Department, Government of Bihar, Patna. 2.
The District Magistrate, Patna.
3.
The Sub Divisional Officer, Danapur, Patna.
4.
The Addl. District Supply Officer, Danapur, Patna. 5.
The Block Supply Officer, Maner, Patna.
6.
The Circle Officer, Maner, Patna.
7.
The Supply Officer, Bihta, Patna.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Dineshwar Mishra :
Ms.Ruchi Arya For the Respondent/s :
Mr.Arvind Ujjwal (SC-4) ====================================================== CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY ORAL JUDGMENT Date : 16-10-2025
1. The writ petition is filed for the following reliefs:- "For issuance of appropriate writ(s), order(s) or direction commanding the respondents to restore the license of the petitioner who is a P.D.S. dealer as well as to quash the order dated 10.06.2019 issued by the Respondent No. 3 whereby license of the petitioner has been cancelled."
Patna High Court CWJC No.16471 of 2019 dt.16-10-2025 2/3
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 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
Patna High Court CWJC No.16471 of 2019 dt.16-10-2025 3/3 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 appeal, the writ petition is disposed of with a direction to the petitioner to file an appeal within two months 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) vinita/- AFR/NAFR NAFR CAV DATE NA Uploading Date 17.10.2025 Transmission Date