Surendra Prasad Singh Vs The State of Bihar — Patna HC (2026) — LawSathi Research

Surendra Prasad Singh Vs The State of Bihar — Patna HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Writ petition disposed of with directions only, without disturbing the cancellation of the P.D.S. licence: petitioner granted four weeks to file a revision under Section 32(vi) of the Control Order 2016 before the Divisional Commissioner, who is to decide it in accordance with law after notice and hearing, completing the exercise preferably within eight weeks and communicating any order to all parties.

Issue for consideration

Whether the orders cancelling the petitioner's P.D.S. licence (BH 53/2007, FPS No.121800100231) — the SDO order dated 19.09.2025 in Supply Case No. 07/2025 with Memo No. 851 and the District Magistrate's order dated 24-03-2026 in Supply Appeal Case No. 9/2025-26 — are liable to be quashed in certiorari, and whether mandamus should issue for revival of the licence and allotment of P.D.S. items. +1 more

Ratio / Principle

Without entering into the merits or demerits, the Court held that the petitioner has an alternative and efficacious remedy of filing a revision under Section 32(vi) of the Control Order 2016 and directed him to approach the Divisional Commissioner ventilating his grievance within four weeks of receipt of a copy of the order.

Key takeaways

On receipt of the revision, the Divisional Commissioner shall pass necessary orders strictly in accordance with law within four weeks thereof; before passing any order, all parties shall be put on notice and given an opportunity of hearing and to submit their objections.ratio¶19
The entire exercise before the Divisional Commissioner shall be completed as expeditiously as possible, preferably within a period of eight weeks, and any order passed shall be communicated to all the parties.ratio¶19

Detailed headnote1 paragraphs

Patna High Court (A. Abhishek Reddy, J.; oral order dated 09-07-2026) disposed of CWJC No.9917 of 2026 filed by Surendra Prasad Singh seeking certiorari against cancellation of his P.D.S. fair-price-shop licence No. BH 53/2007 (FPS No.121800100231) effected by the SDO, Maharajganj (order dated 19.09.2025 in Supply Case No.07/2025 read with Memo No.851 dated 19-09-2025) and maintained by the District Magistrate, Siwan (order dated 24-03-2026 in Supply Appeal Case No.9/2025-26), and mandamus for revival of the licence and allotment of P.D.S. items. Without going into the merits, the Court held that the petitioner had an alternative and efficacious remedy of revision under Section 32(vi) of the Control Order 2016 before the Divisional Commissioner; the petitioner was granted four weeks to move the Commissioner, who is to pass orders strictly in accordance with law within four weeks of receipt, after putting all parties on notice and affording them a hearing and opportunity to submit objections, completing the entire exercise preferably within eight weeks and communicating any order to all parties.

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.9917 of 2026

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

Surendra Prasad Singh son of Late Gorakh nath Prasad Singh @ Gorakh Singh resident of village- Paniyadih Gram Panchayat Saray Parauli, Circle Bhagwanpur Hat, District- Siwan

... ... Petitioner/s

Versus

The State of Bihar through the Principal Secretary, Food and Supply Department, Govt of Bihar, Patna

The District Magistrate- Cum- Collector, District- Siwan

The Sub-Divisional Officer, Subdivision- Maharajganj, District- Siwan

The Marketing Officer, Block and Circle- Bhagwanpur Hat, District- Siwan

... ... Respondent/s

====================================================== Appearance : For the Petitioner/s : Mr. Upendra Kumar Chaubey, Adv. For the Respondent/s : Mr. Standing Counsel (20) ======================================================

CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY ORAL ORDER

2 09-07-2026 Heard the learned counsels for the parties.

The present writ petition has been filed for the

following relief(s):-

“1. That this is an application for issuance of writ/ writs, order/ orders, direction/ directions in the nature of certiorari for quashing the order dated 24-03-2026 in Supply Appeal Case No. 9/2025-26 passed by the District Magistrate, Siwan as well as the order dated 19.09.2025 in Supply Case No. 07/2025 and letter contained in Memo No. 851 dated 1909-2025 passed by the Sub-Divisional Officer, Maharajganj, Siwan whereby the P.D.S. license of petitioner No. BH 53/2007 FPS

Patna High Court CWJC No.9917 of 2026(2) dt.09-07-2026 2/3

No.121800100231 was cancelled from the immediate effect and further prayer for issaunce of writ/ writs, order/ orders, direction/directions in the nature of mandamus for commanding and directing the respondents for allotting the P.D.S. items to the petitioner after reviving his P.D.S. license in the facts and circumstances of the case as stated hereinafter.”

Without going into the merits or demerits of the case, having regard to the fact that the petitioner is having an alternative and efficacious remedy of filing a revision under Section 32(vi) of the Control Order 2016. The petitioner is directed to approach the Divisional Commissioner ventilating his grievance within a period of four weeks from the date of the receipt of a copy of this order. On receipt of the revision, the Divisional Commissioner shall pass necessary orders strictly in accordance with law within a period of four weeks thereof. It is needless to mention that before any order is passed, all the parties shall be put on notice and given an opportunity of hearing and submit their objections. The entire exercise shall be completed as expeditiously as possible preferably within a period of eight weeks thereof. Any order passed shall be communicated to all the parties.

With the above said directions, the writ petition

Patna High Court CWJC No.9917 of 2026(2) dt.09-07-2026 3/3

stand disposed off.

(A. Abhishek Reddy , J)

Gauravkr/-

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