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Judgment
Date : 10-08-2026
The petitioner has filed the Writ petition for the following reliefs:
That, this writ application is being filed on behalf of the above named petitioner for issuance of appropriate writ/writs direction/ directions to the Respondents to quash the Order dated 08.08.2023 passed in Supply Revision Case No. 19/2023, by the Respondent Divisional Commissioner, Koshi Range, Saharsa, whereby and where under the Respondent Commissioner, has canceled the selection of the petitioner, who has been duly selected as Public Distribution System Dealer (here in after referred as PDS Dealer) for Ward No. 7, within Bhelwa Panchayat, Block Madhepura, and the Respondent Commissioner has erroneously declared the Respondent No. 8, as selected for the dealership of Ward No.07.
At the outset, the Learned counsel for the petitioner draws the attention of this Court to Rule 32 (vii) of the Bihar Targeted Public Distribution System (Control) Order, 2016.
For better appreciation of the facts of the case, Rule 32 (vii) of the Bihar Targeted Public Distribution System (Control) Order, 2016 is reproduced hereinbelow:
“32.(vii) The Principal
Secretary/ Secretary of the department may call for the records related to the order passed under the provisions of this Order by the Divisional Commissioner or the District Officer or the licensing authority or the Sub Divisional Officer suo moto or upon a representation by someone, and if he is satisfied that the Divisional Commissioner or the District Officer or the licensing authority or the Sub Divisional Officer
(a)has exercised such
powers which are not entrusted to him,
(b)has exercised his
powers illegally without considering the facts of the case,
(c)has failed in use of his
powers, he may pass an order which he thinks fit.”
Heard the Learned counsel for the petitioner as well as the Learned counsel for the respondents.
Without going into the merits or demerits of the case, and having regard to the fact that the petitioner has an alternative and efficacious remedy of filing a representation before the Principal Secretary under Rule 32(vii) of the Bihar Targeted Public Distribution System (Control) Order, 2016 against the impugned order, the present Writ petition is disposed of by granting liberty to the petitioner to file a representation before the Principal Secretary challenging the order of the Revisional/Appellate Authority as well as the order of cancellation within a period of one months from the receipt of order of the Court. On such representation being made, the Principal Secretary shall pass appropriate orders strictly in accordance with law within three months thereafter.
Further, if there is any delay in preferring the representation, the authority shall liberally construe the limitation period as the petitioner has approached this Court within time.
It is needless to mention that before passing any order the petitioner shall be put on notice and given an opportunity of hearing. Any order passed shall be communicated to the party.
With the above observations, the present Writ petition stands disposed of.
Interlocutory Application(s), if any, shall stand disposed of.
Footnotes
- 1.AFR/NAFR NAFR
- 2.CAV DATE N.A
- 3.Uploading Date 10.10.2026
- 4.Transmission Date