Writ Petition Disposed of with Direction to Exhaust Statutory Alternative Remedy Under Section 32(vii) of PDS Control Order

The petitioner, a Public Distribution System (PDS) license holder (License No. MAT 34/16), challenged the cancellation of his license vide Memo No. 333 dated 24.04.2020

The cancellation was based on an inspection report by the Circle Officer, Matihani, whom the petitioner alleged was incompetent to inspect under Rule 20 of the Bihar Targeted P.D.S. Control Order, 2016

The petitioner further challenged the appellate order dated 21.10.2021 passed by the Collector, Begusarai, and the revisional order dated 26.05.2022 passed by the Divisional Commissioner, Munger

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

Section 32 (vii) of the Bihar Targeted Public Distribution System (Control) Order, 2016

This provision empowers the Principal Secretary or Secretary of the Department to call for records and review orders passed by the Divisional Commissioner, District Officer, or Licensing Authority if they have exercised powers not entrusted to them, acted illegally without considering facts, or failed to use their powers

The Court did not delve into the merits or demerits of the petitioner’s claims regarding the illegality of the inspection or the influence of the local Mukhiya

Instead, following the submission by the respondents' counsel, the Court observed that the petitioner sought reliefs against orders for which a specific statutory remedy exists

Under Section 32 (vii) of the 2016 Control Order, the petitioner has the right to file a representation before the Principal Secretary

The Court reasoned that since an efficacious alternative remedy is available, the petitioner must exhaust that channel before seeking extraordinary writ jurisdiction

The Court directed the Principal Secretary to condone any delay, provide all concerned parties an opportunity for a hearing, and dispose of the representation within three months of filing

All pending interlocutory applications were also disposed of