On filing within one month, the appellate authority must condone delay and decide the appeal.

The petitioner, a public distribution system dealer, challenged the Sub-Divisional Officer’s order dated 8 June 2022 cancelling his PDS licence, which was based on an inquiry by the Block Supply Officer and complaints by Phula Devi and others.

The State submitted that the petitioner had an appellate remedy under the Bihar Targeted Public Distribution System (Control) Order, 2016.

The petitioner stated that he intended to appeal before the District Magistrate but that the limitation period had expired, and sought permission to rely on Section 5 of the Limitation Act.

1. Whether the petitioner should pursue the statutory appellate remedy rather than obtain writ relief against the licence-cancellation order.

2. Whether the petitioner could be permitted to file a delayed appeal and have the delay condoned.

Section 32(iii) of the Bihar Targeted Public Distribution System (Control) Order, 2016 provides a right of appeal to the District Officer against specified licensing decisions, including cancellation, ordinarily within thirty days of receipt of the order; it also states that the appeal should, as far as practicable, be decided within sixty days.

Section 32(v) permits the appellate authority, pending the appeal, to suspend the effect of the order under appeal for the specified period.

Section 5 of the Limitation Act was raised by the petitioner in seeking condonation of delay; the judgment does not separately analyse its application.

The Court noted that the relief sought was to set aside the licence-cancellation order and that Section 32(iii) provided a statutory appeal against such an order.

In view of that alternative remedy, it disposed of the writ petition without deciding the merits of the cancellation.

Given the petitioner’s stated intention to appeal despite the expiry of the limitation period, the Court directed that the delay be condoned and fixed a period for disposal of the appeal.

The authority was directed to condone the delay and decide the appeal within three months of its filing.

Interlocutory applications, if any, were also disposed of.