In Civil Writ Jurisdiction Case No. 3518 of 2019, Justice Rajendra Kumar Mishra dismissed a writ petition challenging the cancellation of a PDS shop license. The court held that the order was appealable under the Bihar Targeted Public Distribution System Shop (Control) Order, 2016, rendering writ jurisdiction unnecessary.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.3518 of 2019
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Chandeshwar Ram, Late Moti Ram, resident of village- Raj Pandaul, BlockNanpur, P.S- Nanpur, District- Sitamarhi ... Petitioner
Versus
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Appearance : For the Petitioner : Mr. Amrit Abhijat, Adv. For the Respondents : Mr. Arvind Ujjwal, SC IV
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ORAL ORDER
The petitioner has invoked the extra ordinary jurisdiction of this Court under Article 226 of the Constitution of India against the order, dated 08.01.2019, contained in Memo No. 23 (Annexure 7), issued by the Subdivisional Officer, Pupri, Sitamarhi, cancelling the licence of the Public Distribution System Shop of the petitioner.
Learned counsel appearing on behalf of the petitioner submits that without giving the enquiry report of the Block Supply Officer, Pupri, Sitamarhi, in respect to inspection of the Public Distribution System Shop, the licence of the Public Distribution System Shop of the petitioner has been cancelled
Patna High Court CWJC No.3518 of 2019(5) dt.04-02-2021 2/2
through the impugned order.
The impugned order is appealable under Rule 32(3) of the Bihar Targeted Public Distribution System Shop (Control) order, 2016, as such, I am not inclined to invoke the extra ordinary jurisdiction under Article 226 of the Constitution of India.
This writ application is dismissed . However, the petitioner would be at liberty to approach the District Magistrate, Sitamarhi, under Rule 32(3) of the Bihar Targeted Public Distribution System Shop (Control) order, 2016, within four weeks of this order, who shall disposed of the appeal of the petitioner within ninety days thereafter.
(Rajendra Kumar Mishra, J)
Shamshad/-
U
2 issues framed by the court
Whether the High Court should exercise writ jurisdiction where the impugned order is appealable under the Bihar Targeted Public Distribution System Shop (Control) Order, 2016.
Whether the High Court satisfies itself that no alternative efficacious remedy is available before invoking withdrawal of writ jurisdiction.
Chandeshwar Ram
The State of Bihar through the principal Secretary, Department of Food and Civil Supplies, Government of Bihar, Patna
The Principal Secretary, Department of Food and Civil Supplies, Government of Bihar, Patna Bihar
The District officer-cum District Magistrate, Sitamarhi Bihar
The Sub Divisional Officer, Pupri, District-Sitamarhi Bihar
The Block Supply Officer, Pupri, District- Sitamarhi Bihar
Rajendra Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
