Sanjay Kumar Vs The State Of Bihar and Ors.

(i) For issuance of appropriate writ in the nature of writ of certiorari for quashing/setting a-side the order contained memo no. 27 dated 15.10.2008 issued under the signature of respondent no. 3 i.e. sub-Divisional Officer Sadar, Munger. Where by and whereunder

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the P.D.S. fair price shop license No. 17/87 issued in nfavour of petitioner has been cancelled without following facts and circumstances of the case. (ii) For issuance of an appropriate writ in the nature of Mandamus commanding the respondents to revive and restore P.D.S. fair price license no. 17/87 in the favour of

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the petitioner in the following substantial facts and circumstances of the case.

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(iii) To hold and declare that after said licence in question bearing no. 17/87 was bonadidly issued in favour of petitioner and being looked after by him but due to false illegal, malacious act of private respondents the said licence was cancelled causing great loss, injury and mental agony to the petitioner who is virtually on the verge of starvation.

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(iv) For a direction to the respondents to conduct a fare, proper and prompt investigation in to the entire matter and to punish

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the guilty persons in accordance with law.

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(v) For grant of any other relief or reliefs. if the petitioner is found entitled for.

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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:

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“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.”

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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.

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The Learned counsel for the petitioner contended that he intends to file an appeal before the

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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.

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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.

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

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

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(G. Anupama Chakravarthy, J)

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Manish/-

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Sanjay Kumar v. The State Of Bihar and Ors.

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Sanjay Kumar v. The State Of Bihar and Ors.

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