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Judgment
Date : 24-08-2026
The petitioner has filed the Writ petition for the following relief:
“ That this is an Application for issuance of an appropriate Writ, Order or direction for setting aside the Order dated 23.06.2022 passed by Divisional Commissioner, Patna passed in E.C. Act, Revision No.43/2022 through which said Revision has been dismissed erroneously and illegally.”
At the outset, the Learned Counsel for the respondents draws attention of this Court to Section 32 (vii) of the Bihar Targeted Public Distribution System (Control) Order, 2016.
For better appreciation of the facts of the case, Section 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 and the Learned counsel for the respondents.
Admittedly, from the reliefs prayed for in the Writ petition, it is evident that the petitioner has an alternative remedy of filing a representation available under Section 32(vii) of the Bihar Targeted Public Distribution System (Control) Order, 2016.
Taking into consideration, without going into the merits or demerits of the case, that the petitioner has an alternative remedy of filing a representation before the Principal Secretary, under Section 32 (vii) of the Bihar Targeted Public Distribution System (Control) Order, 2016 against the impugned orders, the Writ petition is disposed of with a direction to the petitioner to file a representation within four weeks from the date of receipt of this order before the Principal Secretary. The delay in filing the representation, if any, shall be condoned by the Principal Secretary, and the authority shall dispose of the representation within three months from the date of filing of the same.
It is needless to mention that before passing any order, all the concerned parties 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 24.08.2026
- 4.Transmission Date