Mandamus Issued for Time-Bound Disposal of Pending Statutory Appeal Against PDS License Cancellation

The petitioner, a Public Distribution System (PDS) dealer holding License No. 05/2016, challenged the order dated 18.12.2018 (Memo No. 2182) issued by the Sub-Divisional Officer, Marhaura.

The impugned order cancelled his license under Case No. 07/18-19. The petitioner sought a writ of certiorari for quashing the cancellation and a writ of mandamus for the restoration of his license to distribute essential commodities.

During the proceedings, it was disclosed that the petitioner had already filed a statutory appeal (P.D.S. Appeal No. 02 of 2019) which remained pending before the District Magistrate.

Whether the writ petition is maintainable when a statutory alternative remedy of appeal is already being pursued by the petitioner?

The Court applied the provisions of the Bihar Targeted Public Distribution System (Control) Order, 2016. Specifically, Section 32(iii) mandates that any person aggrieved by the cancellation of a license may appeal to the District Officer within thirty days.

Section 32(v) empowers the Appellate Authority to stay the operation of the impugned order during the pendency of the appeal.

Section 32(vi) provides for a revision before the Divisional Commissioner if the appeal is not disposed of within sixty days or if a party is aggrieved by the appellate order.

The Court noted the existence of the statutory framework under the 2016 Control Order, which provides a multi-tier grievance redressal mechanism involving both appeal and revision.

Upon the petitioner’s admission that an appeal (P.D.S. Appeal No. 02 of 2019) was already pending before the District Magistrate, the Court determined that the appropriate course of action was to ensure the exhaustion of the statutory remedy rather than adjudicating the merits under writ jurisdiction.

The Court applied the principle of judicial restraint where an alternative, efficacious statutory remedy is already in motion.

It directed the concerned authority (District Magistrate) to dispose of the petitioner’s pending appeal within a period of three months from the date of receipt or production of the court’s order.

All pending interlocutory applications were also disposed of.