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Judgment
Date : 10-08-2026
The Writ petition has been filed for the following reliefs:
“(i). A Certiorari for quashing and setting aside the order passed by the Sub-Divisional Officer, Biraul vide Memo No. 511 dated 11/5/2007 whereby and where under licence of the petitioner's fair price shop has been suspended as well as quashing and setting aside the order passed by the same authority vide Memo No. 194 dated 31/1/2008 whereby and where under licence of the petitioner's fair price shop has been cancelled.
(ii). A mandamus commanding the Respondents to restore the petitioner's licence as before and to make allotment for the petitioner's shop.
(iii). Any other relief or reliefs for which petitioner may be found entitled in the fact and circumstances of the present case may be granted to him.”
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) and 32(v) 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.”
32.(v) Till the disposal of appeal pending, the Appellate Authority may direct that the order under appeal shall not take effect for such period as the authority may consider necessary for giving a reasonable opportunity to the other party under sub-clause (4) or until the appeal is disposed of, whichever is earlier.
Admittedly, from the reliefs prayed for in the Writ petition, it is evident that the petitioner has an alternative remedy under the provisions of Bihar Targeted Public Distribution System (Control) Order, 2016.
The Learned counsel for the petitioner contended that he intends to file a representation before the concerned authority, but the limitation period for filing the same has lapsed. He prayed for a direction to the concerned authority to entertain the same in accordance with Section 5 of the Limitation Act.
Taking into consideration that the petitioner has an alternative remedy for filing representation, the Writ petition is disposed of with a direction to the petitioner to file representation within one month from the date of receipt of this order before the concerned authority. The delay in filing the representation shall be condoned by the authority concerned, and the authority shall afford an opportunity of hearing to the petitioner, and dispose of the same within three months from the date of filing of the same.
With the above said observations, the Writ petition is disposed of.
Interlocutory Application(s), if any, shall stand disposed of.