PATNA HIGH COURT ISSUES JUDGEMENT ON RUP NARAYAN SINGH V/S THE STATE OF BIHAR AND OTHER

PATNA, India, Sept. 17 -- Patna High Court issued the following judgment on Aug. 18:

1. The writ petition is filed for the following reliefs:

That the present writ application is being filed on behalf of the sole petitioner above named for setting aside the order contained in Memo. No. 1779 dated 28.08.2018 passed by the Learned Sub-Divisional Officer, Tekari Gaya by which he was pleased to cancel the PDS license of the petitioner being license No. 02 of 2016 granted under the provisions of PDS Order 2016 for carrying on business of Fair Price Shop has been cancelled and further be pleased to restore the PDS license of the petitioner and also restore the supply of the petitioner.

2. 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) 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."

3. Admittedly, from the reliefs prayed for in the writ petition, it is evident that the petitioner has an alternative remedy of appeal available under Section 32(iii) of the Bihar Targeted Public Distribution System (Control) Order, 2016.

4. The Learned counsel for the petitioner contended that he intends to file an appeal before the concerned District Magistrate, but the limitation period for filing the appeal has lapsed. He prayed for a direction to the concerned District Magistrate to entertain the appeal in accordance with Section 5 of the Limitation Act.

5. Taking into consideration that the petitioner has an alternative remedy for filing an appeal, the writ petition is disposed of with a direction to the petitioner to file an appeal within four weeks from the date of receipt of this order before the concerned District Magistrate. The delay in filing the appeal shall be condoned by the District Magistrate, and the authority shall dispose of the appeal within three months from the date of filing of the appeal.

6. With the above said observation, the Writ petition is disposed of.

7. Interlocutory Application(s), if any, shall stand disposed of.

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