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Judgment
Date : 10-08-2026
The petitioner has filed the Writ petition for the following reliefs:
“(A)For quashing of the order dated 15.09.2022 passed in PDS Revision Case No. 68/2021 (Annexure-10) and subsequent order dated 29.10.2021 (Annexure-8) of the learned Court of the District Magistrate and Collector, Jamui passed in PDS Appeal No. 4/2019 and subsequent order vide Memo No. 02 dated 03.01.2022 (Annexure-8/2) passed by the Sub Divisional Officer, Jamui whereby the PDS dealer License of the petitioner has been Cancelled without valid allegation against him.
(B)For restoration of PDS Dealer License of the petitioner issued to him vide License No.15030103/18, Challan No. 144 dated 03.07.2018 by quashing, setting aside the impugned order dated 29.10.2021 of the Respondent No. 4, the District - Magistrate, Jamui and the subsequent order vide Memo No. 2 dated 03.01.2022 of the respondent No. 6, the Sub Divisional Officer, Jamui.”
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 of 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.
Footnotes
- 1.AFR/NAFR NAFR
- 2.CAV DATE NA
- 3.Uploading Date 12.08.2026.
- 4.Transmission Date NA