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CHAKRADHARI SHARAN SINGH, MADHURESH PRASAD
Dharam Dew Choudhary S/o Late Braham Dev Choudhary – Appellant
Versus
State of Bihar – Respondent
JUDGMENT :
CHAKRADHARI SHARAN SINGH, J.
1. The petitioner held a license to run a P.D.S. shop under Bihar Targetted Public Distribution System (Control) Order, 2016 (‘Control Order 2016’ for short) for the Gram Panchayat Tungi in the district of Nalanda, which came to be cancelled by an order of the Licensing Authority dated 28.05.2019 on the allegation of certain irregularities committed by him. The petitioner preferred an appeal against the said order of the Licensing Authority before the Appellate Authority, i.e. the District Magistrate, Nalanda, giving rise to Supply Case No. 19 of 2019, which has been dismissed by an order dated 04.02.2021.
2. The petitioner has assailed in the present writ application filed under Article 226 of the Constitution of India, the said order of the Licensing Authority dated 28.05.2019 and the Appellate Authority dated 04.02.2021.
3. The Control Order, 2016, has been issued in exercise of powers conferred under Section 3 and Section 5 of the Essential Commodities Act and it is not disputed that it is statutory in nature. Rule 32(vii) of the Control Order, 2016, which confers revisional jurisdiction upon the Principal Secretary/Secretary of the Departmen
Point of law : When a right is created by a statute, which itself prescribes the remedy or procedure for enforcing the right or liability, resort must be had to that particular statutory remedy befor....
The discretionary nature of the writ jurisdiction under Article 226 and the exceptions to the rule of alternate remedy.
Writ petitions against quasi-judicial authorities are not maintainable if statutory remedies are available unless exceptional circumstances like natural justice violations are proven.
Judicial orders from civil courts cannot be challenged through writs under Article 226; alternative remedies must be exhausted first.
The existence of an alternative remedy does not preclude the maintainability of a writ petition; however, the court retains discretion to entertain such petitions based on jurisdictional issues or vi....
Writ jurisdiction under Article 226 cannot be invoked where effective alternative remedies exist, especially in consumer disputes; exceptions are limited and clearly defined.
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