Md Jalil @ Jalil Miyan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19105 of 2025 ====================================================== Md Jalil @ Jalil Miyan S/o Chandar Miyan, R/o Village and PanchayatPannapur, P.S- Harsidhi, District- East Champaran (Motihari). ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Department of Food and Consumer Protection, Govt. of Bihar, Patna.

2.

The District Magistrate, East Champaran (Motihari). 3.

The Sub Divisional Officer, Areraj, District- East Champaran (Motihari). 4.

The District Supply Officer, East Champaran (Motihari). 5.

The Block Supply Officer, Harsidhi, District- East Champaran (Motihari). ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ajay Kumar Sinha, Adv.

For the Respondent/s :

Mr.Government Pleader (26) ====================================================== CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY ORAL ORDER 29-01-2026 Heard the learned counsels for the parties.

2. The present writ petition has been filed for the following relief(s):- "i) To issue an appropriate order/s, direction/s including a writ preferably in the nature of CERTIORARI for quashing of the order dated 11-07-2025 passed in PDS Appeal Case No. 02/ 2025-26 passed by learned Collector-cumDistrict Magistrate, East Champaran, Motihari by which he dismissed the appeal filed by the petitioner and affirm the order passed by the S.D.O. Areraj on 27-10-2018 vide Memo No. 03 (Go).

(ii) To quash the order as contained in Memo No.

Patna High Court CWJC No.19105 of 2025(2) dt.29-01-2026 2/3 03 (Go), dated 27-10-2018 passed by the learned S.D.O. Areraj, East Champaran (Hereinafter referred to as Licensing Authority under the Bihar Targeted Public Distribution System (Control) order 2016) whereby and where under he has cancel the fair price shop license of the petitioner for committing illegality and irregularity in distribution of food grains amongst to the consumers.

(iii) To direct the respondent No. 03 the S.D.O., Areraj, East Champaran to restore the P.D.S. dealership license of the petitioner henceforth with taking into the consideration that the same is only means of earning livelihood.

(iv) To any other relief/s to which the petitioner may be found entitled in the facts and circumstances of the case."

3. Without going into the merits or demerits of the case, having regard to the fact that the petitioner is having an alternative and efficacious remedy of filing a revision under Section 32(vi) of the Control Order 2016. The petitioner is directed to approach the Divisional Commissioner ventilating his grievance within a period of four weeks from the date of the receipt of a copy of this order. On receipt of the revision, the Divisional Commissioner shall pass necessary orders strictly in accordance with law within a period of four weeks thereof. It is

Patna High Court CWJC No.19105 of 2025(2) dt.29-01-2026 3/3 needless to mention that before any order is passed, all the parties shall be put on notice and given an opportunity of hearing and submit their objections. The entire exercise shall be completed as expeditiously as possible preferably within a period of eight weeks thereof. Any order passed shall be communicated to all the parties.

4. With the above said directions, the writ petition stand disposed of.

(A. Abhishek Reddy , J) Bhardwaj/- U