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Judgment
Date : 18-08-2026
The petitioner has filed the Writ petition for the following reliefs:
For issuance of appropriate writ/writs, order/orders, direction in the nature of certiorari quashing the order dated 18.12.2020 passed by the learned Collector, Lakhisarai by which the appeal being Appeal No. 03/2019 filed by private respondent no.-7 (Chandan Kumar) against initial selection of the petitioner for grant of PDS license has been set aside and it was observed the list will be decided on the basis of then existing application form.
For issuance of appropriate writ/writs, order/orders, direction for setting aside the order passed by the Sub Divisional Officer, Lakhisarai vide memo no. 23 dated 14.01.2021 by which petitioner's PDS license bearing no. 11/2019 has been cancelled with immediate effect in the light of order dated 18.12.2020 passed by the learned Collector, Lakhisarai.
iii) Further for issuance appropriate writ/order/direction in the nature of certiorari for quashing the order dated 29.12.2021 passed by the District Selection Committee headed by the learned District Magistrate, Lakhisarai by which the respondent no. 7 (Chandan Kumar) has been granted PDS license in place of the petitioner.
Further for issuance of appropriate writ/order/direction in the nature of certiorari for quashing the order dated 27.08.2022 passed by learned Commissioner, Munger in Supply Revision 12/2022 by which the Revision preferred in terms of order dated 16.02.2022 passed in CWJC No. 6257 of 2021 before the learned Commissioner by the petitioner has been dismissed on the grounds which are not sustainable in the eye of law.
For setting aside the license no. 01/2022 issued on 18.06.2022 in favour of respondent no. 7 in terms of order dated 16.02.2022 passed by the learned Commissioner, Munger in Supply Revision No. 12/2022
vi) Further for issuance of a mandamus commanding the respondents to restore the petitioner's PDS license being License No. 11/2019 and to make allotment for the petitioner's shop.
Any other relief/reliefs for which the petitioner may be found entitled in the facts and circumstances of the present.
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 efficacious 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 by granting liberty to the petitioner to file a representation before the Principal Secretary challenging the order of the Revisional/Appellate Authority as well as the order of cancellation within a period of one months from the date of receipt of order this order. On such representation being made, the Principal Secretary shall pass appropriate 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.