Petitioner liberty to file representation before Principal Secretary under Rule 32(vii) of Control Order 2016.

The petitioner, a P.D.S. license holder (License No. 1/1990) for Village Panchayat Bharari Kala, had his license cancelled by the S.D.O., Kaimur, on 04.10.2008.

This cancellation followed the suspension of his license due to the lodging of a criminal case.

The petitioner unsuccessfully challenged this order before the District Magistrate, Kaimur (order dated 18.04.2013), and subsequently before the Divisional Commissioner, Patna, who affirmed the cancellation in a revision case on 12.03.2021.

During the pendency of the present Writ petition, the petitioner was acquitted in the underlying criminal case.

1. Whether the petitioner should be relegated to an alternative statutory remedy under the Bihar Targeted Public Distribution System (Control) Order, 2016, following his acquittal in the criminal case.

The court applied Rule 32(vii) of the Bihar Targeted Public Distribution System (Control) Order, 2016.

This rule empowers the Principal Secretary/Secretary of the Department to call for records and review orders passed by the Divisional Commissioner, District Officer, or Licensing Authority, either suo moto or upon representation, if it appears that the subordinate authority exceeded its powers, acted illegally without considering facts, or failed to exercise its powers.

The Court did not adjudicate on the merits of the license cancellation or the impact of the acquittal. Instead, it observed that the petitioner possesses an "alternative and effective remedy" by way of filing a representation before the Principal Secretary under Rule 32(vii) of the 2016 Order.

The Court reasoned that since the petitioner can raise all grounds, including the fact of his acquittal in the criminal case, before the executive authority, the Writ jurisdiction should not be exercised at this stage.

The Court emphasized that the authority must consider the representation on its merits and instructed a liberal construction of the limitation period, acknowledging that the petitioner had been pursuing the matter in the High Court.

The Principal Secretary is directed to pass a reasoned order in accordance with the law after providing the petitioner with a notice and an opportunity for a hearing. The entire exercise must be completed within two months of receiving the representation. All interlocutory applications were disposed of accordingly.