Disposed¶26

Nikki Kumari v. The State of Bihar

Patna HC8 Dec 2025CWJC/13274/2025

Case brief

AI extract

What is this about?

PDS licence cancellation; alternative and efficacious remedy; appeal before District Magistrate, Patna; Rule 32(iii) Bihar Targeted Public Distribution System (Control) Order 2016; Sub-Divisional Officer-cum-Licensing Authority, Danapur; writ application disposed with liberty to appeal; 30-day window to file appeal; four-month disposal timeline; opportunity of hearing; Patna; oral order; Anil Kumar Sinha, J.; Nikki Kumari.

What did the court decide?

Liberty to the petitioner to file an appeal before the District Magistrate, Patna within 30 days; if so filed, the District Magistrate, Patna to dispose of the appeal on merits in accordance with law after giving opportunity of hearing to all concerned, within four months from the date of filing. ¶26

Nikki Kumari Vs The State of Bihar — Patna HC (2025) — LawSathi Research

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.13274 of 2025

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Nikki Kumari W/o Manoj Kumar, Resident of Chitrakut Nagar, Road No. 9 I, Takyapar, P.s.- Danapur, District- Patna.

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... ... Petitioner/s

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Versus

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The State of Bihar through the Secretary, Food and Consumer Protection Department, Bihar, Patna.

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The Collector-cum-District Magistrate, Patna.

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The Sub-Divisional Officer-cum-Licensing Authrority, Danapur, Dist. Patna.

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The Sub-Divisional Welfare Officer, Danapur, Dist. Patna.

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The Block Development Officer, Danapur, Dist. Patna.

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The Block Supply Officer, Maner, Danapur, Dist. Patna.

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The Block Supply Officer, Danapur Urban Area, Dist. Patna.

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... ... Respondent/s

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Appearance :

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For the Petitioner/s : Mr.Dhananjaya Nath Tiwari For the Respondent/s : Mr. Sunil Kumar Mandal, Standing Counsel (3) Ms. Neelam Kumari, AC to SC 3

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CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER

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2 08-12-2025

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Heard the parties.

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The petitioner has challenged the order dated 10.02.2025 contained in Memo No. 10 /Mu passed in Case No. 02 / 2025 by the respondent no. 3 / Sub Divisional Officer cum Licensing Authority, Danapur, District - Patna whereby the P.D.S. license of the petitioner bearing license no. 04 / 2019 has been cancelled.

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Learned counsel for the State submits that against the order of cancellation passed by Sub Divisional Officer, the petitioner has an alternative and efficacious remedy to file

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Patna High Court CWJC No.13274 of 2025(2) dt.08-12-2025 2/2

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Appeal before the District Magistrate. The petitioner without exhausting the aforesaid remedy has directly approached this Court in the writ jurisdiction. He, thus, submits that the petitioner may be directed to file Appeal before the District Magistrate, Patna as per the Rule 32(iii) of the Bihar Targeted Public Distribution System (Control) Order, 2016.

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Considering the aforesaid submissions, the present writ application is disposed with liberty to the petitioner to file Appeal before the District Magistrate, Patna. If any such Appeal is filed within 30 days from today, the District Magistrate, Patna shall dispose the same in accordance with law on its merit after giving opportunity of hearing to all concerned within a period of four months from the date of filing of Appeal.

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With the aforesaid observation and direction, the present writ application is disposed of.

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(Anil Kumar Sinha, J)

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praful/-

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Nikki Kumari v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Nikki Kumari v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

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