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Judgment
The Writ petition is filed for the following reliefs:
“That the petitioner craves indulgence of this Hon'ble Court for issuance of an appropriate writ in the nature of Certiorari for setting aside the Memo no.1324 dated 08.06.2022 as contained in Annexure-3 by Respondent no.4 whereby and whereunder learned respondent no.4 was pleased to cancel P.D.S.Licence no.30/2016 on the basis of enquiry of respondent no.5 and complain of Phula Devi and other complainants.”
At this juncture, the Learned counsel for the respondents contended that the petitioner has an alternative remedy for filing appeal as per Section 32(iii) of the Bihar Targeted Public Distribution System (Control) Order, 2016. Section 32(iii) & 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.
At this juncture, the Learned counsel for the petitioner contended that he intends to file an appeal before the District Magistrate/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 appeal, the Writ petition is disposed of with a direction to the petitioner to file appeal within one month from the date of receipt/production of this order before the concerned authority. The delay in filing the appeal shall be condoned by the authority concerned, and the authority shall dispose of the same within three months from the date of filing thereof.
With the aforesaid observation, the Writ petition is disposed of.
Interlocutory Application(s), if any, shall stand disposed of.