Mahesh Paswan Vs The State of Bihar — Patna HC (2026) — LawSathi Research

Mahesh Paswan Vs The State of Bihar — Patna HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Petitioner directed to file a statutory appeal before the District Magistrate-cum-Collector, Patna (Respondent No. 2) within two weeks; the DM-cum-Collector to consider the appeal on merits and pass reasoned orders in accordance with law, after giving the petitioner an opportunity of hearing, completing the exercise preferably within eight weeks of filing; any order passed to be communicated to the parties.

Issue for consideration

Whether this Court should entertain and decide the writ petition on merits when the petitioner has an alternative and efficacious remedy of a statutory appeal before the District Magistrate-cum-Collector, Patna under Clause 32(3) of the Bihar Targeted Public Distribution System (Control) Order, 2016.

Court's answer

This Court was not inclined to entertain the present writ petition (even though counsel had argued at length on merits), because the petitioner has an alternative and efficacious remedy of preferring a statutory appeal before the District Magistrate-cum-Collector, Patna.

Ratio / Principle

The writ petition was disposed of with a direction to the petitioner to approach the District Magistrate-cum-Collector, Patna (Respondent No. 2) by way of appeal within a period of two weeks from the date of the order.

Key takeaways

On such appeal being filed, the District Magistrate-cum-Collector, Patna (Respondent No. 2) is bound to consider the appeal on merits and pass a reasoned order(s) in accordance with law.ratio¶¶15
Before passing any order, the authorities concerned must give the petitioner an opportunity of hearing.ratio¶¶16
The entire exercise is to be completed as expeditiously as possible, preferably within a period of eight weeks from the date of filing of the appeal by the petitioner.ratio

Detailed headnote1 paragraphs

Mahesh Paswan v. The State of Bihar & Ors., Patna High Court, CWJC No.4077 of 2026, decided 15-04-2026 (A. Abhishek Reddy, J.). Although counsel for the petitioner argued the matter at length on merits, the Court declined to entertain the writ petition because the petitioner had an alternative and efficacious remedy of a statutory appeal before the District Magistrate-cum-Collector, Patna under Clause 32(3) of the Bihar Targeted Public Distribution System (Control) Order, 2016. The petition was disposed of with directions that the petitioner file such appeal within two weeks; that the DM-cum-Collector (Respondent No. 2) consider it on merits and pass reasoned orders in accordance with law; that an opportunity of hearing be given before any order; that the exercise be completed preferably within eight weeks of the filing of the appeal; and that any order passed be communicated to the parties.

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.4077 of 2026

======================================================

Mahesh Paswan S/o Brahmdeo Paswan, Resident of village- Bariyarpur, P.S.Bakhtiyarpur, District- Patna.

... ... Petitioner/s

Versus

The State of Bihar through Secretary, Food and Consumer Protection Department, Government of Bihar, Old Secretariat, Patna.

The District Magistrate, Patna.

The S.D.O, Barh, Patna.

The Block Supply Officer, Bakhtiyarpur, Patna.

... ... Respondent/s

====================================================== Appearance : For the Petitioner/s : Mr.Vijay Anand, Adv. Mr. Roop Kishan, Adv. For the Respondent/s : Mr.Standing Counsel (16) ====================================================== CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY ORAL ORDER

2 15-04-2026 Even though, the learned counsel appearing on behalf

of the petitioner has argued at length on merits of the case, this Court is not inclined to entertain the present writ petition, having regard to the facts that the petitioner has an alternative and efficacious remedy of preferring a statutory appeal before the District Magistrate-cum-Collector, Patna, under Clause 32(3) of the Bihar Targeted Public Distribution System (Control) Order, 2016. The present writ petition is disposed of directing the petitioner to approach the District Magistrate-cumCollector, Patna (Respondent No. 2) by way of appeal within a period of two weeks from today. On such appeal being filed, the District Magistrate-cum-Collector, Patna (Respondent No. 2)

Patna High Court CWJC No.4077 of 2026(2) dt.15-04-2026 2/2

shall consider the same on merits and pass a reasoned orders in accordance with law.

It is needless to mention that before passing any order, the authorities concerned shall give an opportunity of hearing to the petitioner. The entire exercise shall be completed as expeditiously as possible preferably within a period of eight weeks from the date of filing of the appeal by the petitioner. Any order passed shall be communicated to the parties.

Accordingly, the present writ petition stands disposed of.

(A. Abhishek Reddy , J)

Bhardwaj/-

U