Lalan Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19256 of 2018 ====================================================== Lalan Kumar S/o Suraj Ram, Resident of Village- Mubarakpur, P.S.- Sahpur, District- Patna.

... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

The Sub Divisional Officer, Danapur, Patna.

3.

The Block Supply Officer, Danapur, Patna.

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

For the Petitioner/s :

Mr. N.K. Agarwal, Sr. Adv.

Mr. Dhananjaya Nath Tiwari, Adv.

Mr. Diksha Kumari, Adv.

For the Respondent/s :

Mr. Arvind Ujjwal-SC-4 ====================================================== CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY ORAL JUDGMENT Date : 29-07-2025

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

That the present writ application is being filed on behalf of the sole petitioner for quashing an order dated 09.06.2016 passed by the learned S.D.O., Danapur by which PDS license of the petitioner being license No. 07/ 1997 has been cancelled.

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.19256 of 2018 dt.29-07-2025 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.19256 of 2018 dt.29-07-2025 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 within one month 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) Manish/- AFR/NAFR NAFR CAV DATE N/A Uploading Date 12.08.2025 Transmission Date