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2026 Supreme(Online)(Pat) 898

PATNA HIGH COURT
Md Jalil @ Jalil Miyan
CWJC-19105/2025



##PAGE1##

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19105 of 2025

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

Md Jalil @ Jalil Miyan S/o Chandar Miyan, R/o Village and Panchayat-

Pannapur, P.S- Harsidhi, District- East Champaran (Motihari).

... ... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary, Department of Food and

Consumer Protection, Govt. of Bihar, Patna.

2. The District Magistrate, East Champaran (Motihari).

3. The Sub Divisional Officer, Areraj, District- East Champaran (Motihari).

4. The District Supply Officer, East Champaran (Motihari).

5. The Block Supply Officer, Harsidhi, District- East Champaran (Motihari).

... ... Respondent/s

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

Appearance :

For the Petitioner/s : Mr.Ajay Kumar Sinha, Adv.

For the Respondent/s : Mr.Government Pleader (26)

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

CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY

ORAL ORDER

2 29-01-2026 Heard the learned counsels for the parties.

2. The present writ petition has been filed for the

following relief(s):-

“i) To issue an appropriate order/s, direction/s

including a writ preferably in the nature of

CERTIORARI for quashing of the order dated

11-07-2025 passed in PDS Appeal Case No. 02/

2025-26 passed by learned Collector-cum-

District Magistrate, East Champaran, Motihari

by which he dismissed the appeal filed by the

petitioner and affirm the order passed by the

S.D.O. Areraj on 27-10-2018 vide Memo No. 03

(Go).

(ii) To quash the order as contained in Memo No.

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Patna High Court CWJC No.19105 of 2025(2) dt.29-01-2026

2/3

03 (Go), dated 27-10-2018 passed by the learned

S.D.O. Areraj, East Champaran (Hereinafter

referred to as Licensing Authority under the

Bihar Targeted Public Distribution System

(Control) order 2016) whereby and where under

he has cancel the fair price shop license of the

petitioner for committing illegality and

irregularity in distribution of food grains

amongst to the consumers.

(iii) To direct the respondent No. 03 the S.D.O.,

Areraj, East Champaran to restore the P.D.S.

dealership license of the petitioner henceforth

with taking into the consideration that the same

is only means of earning livelihood.

(iv) To any other relief/s to which the petitioner

may be found entitled in the facts and

circumstances of the case.”

3. 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

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Patna High Court CWJC No.19105 of 2025(2) dt.29-01-2026

3/3

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.

4. With the above said directions, the writ petition

stand disposed of.

(A. Abhishek Reddy , J)

Bhardwaj/-

U

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