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Judgment
Date : 06-08-2026
The petitioner has filed the Writ petition for the following reliefs:
(1)For issuance of appropriate writ/writs, order/orders, direction/directions in the nature of certiorari for quashing of the order dated 02.07.2019 passed in PDS Revision Case No. 29/2019 by respondent no. 2. The Commissioner whereby and whereunder respondent refused to consider the case of petitioner on merit and affirmed the order dated 07.05.2009 passed in Case No. 1 PDS/2006-2007 dated 07.05.2009 passed by respondent no. 3. The District Magistrate on the ground of delay.
(ii)For issuance of appropriate writ/writs, order/orders, direction/directions in the nature of certiorari for quashing the order dated 07.05.2009 passed in Case No. 1 PDS /2006-07 by Respondent District Magistrate, whereby and where-under appellate authority refused to accept the case and dismiss the same and further not renewed the licence No. 7/93 by holding that petitioner failed to produce any evidence in support of his attempt to deposit the licence renewal fee.
(iii)For issuance of appropriate writ/writs, order/orders, direction/directions for quashingthe order contained in Memo no. 1108 dated 14.11.2006 issued under the signature of Respondent Sub-Divisional Officer whereby it was communicated to the petitioner that since he had not deposited the renewal fee of licence for year 1996 to 1999, hence his licence itself stands canceled and such information is said to be communicated to petitioner vide Memo no. 597 dated 19.08.1999 prior to communication in question.
(iv)For issuance of appropriate writ/writs, order/orders, direction/directions commanding the Respondent authority to renew the licence of petitioner after accepting the renewal fee aswithout any fault on part of this petitioner licence has not been renewed and monthly allotment was stopped.
(v)For issuance of any other relief or reliefs for which the petitioner is found entitled to in the facts and circumstances of this case.
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 effective 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 off granting liberty to the petitioner to file a representation before the Principal Secretary challenging the order of the Revisional/Appellate Authority and order of cancellation withing a period of one months from the date of receipt of the order. On such representation being made, the Principal Secretary shall pass necessary 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.