Existence of alternative statutory remedy of revision precludes exercise of writ jurisdiction against license cancellation.

The petitioner, a Fair Price Shop licensee (No. 44 of 2016), challenged the order dated 27.12.2022 passed by the Sub-Divisional Magistrate, Mohania, which cancelled his license

This cancellation was subsequently upheld by the Appellate Authority-cum-District Magistrate, Kaimur, in an order dated 25.03.2023

The petitioner approached the High Court seeking the quashing of both orders via a Writ petition

1. Whether the Writ petition is maintainable in light of the alternative statutory remedies available under the Bihar Targeted Public Distribution System (Control) Order, 2016

2. Whether the petitioner can be granted liberty to approach the revisional authority despite the expiry of the limitation period

Section 32(iii) [of the Bihar Targeted Public Distribution System (Control) Order, 2016] provides the right to appeal before the District Officer against license cancellation

Section 32(v) grants the Appellate Authority power to stay the operation of the impugned order

Section 32(vi) provides for a revision before the Divisional Commissioner if an appeal is not disposed of within sixty days or against an order passed in the appeal

Section 5 of the Limitation Act regarding the condonation of delay

The Court observed that the petitioner had already exhausted the remedy of appeal before the District Magistrate

However, under Section 32(vi) of the Control Order, 2016, a further remedy of "Revision" before the Divisional Commissioner is available against the appellate order

The Court noted that since a statutory alternative remedy exists, the Writ jurisdiction should not be exercised directly

Regarding the petitioner's concern about the lapsed limitation period for filing a revision, the Court determined that the interest of justice required allowing the petitioner to approach the competent authority, with a direction to the said authority to condone the delay under the principles of the Limitation Act

The Writ petition was disposed of with a direction to the petitioner to file a complaint/application (revision) before the Divisional Commissioner within one month

The Court ordered the authority to condone the delay and dispose of the matter on merits within three months of filing

All pending interlocutory applications were effectively closed