Patna High Court
Ranjeet Kumar Jha vs The State Of Bihar on 14 October, 2025
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.14167 of 2019
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Ranjeet Kumar Jha Son of Mohan Jha R/o and P.S.-Lakhnaur, Distt-
Madhubani
... ... Petitioner/s
Versus
1. The State of Bihar through District Magistrate, Madhubani
2. District Magistrate Madhubani
3. The District Supply Officer Madhubani, Distt Madhubani
4. The Block Supply Officer Lakhanour, P.S. Lakhnaur, Distt-Madhubani
5. Shiya Ram Mishra S/o Late Lakhan Mishra PDS Dealer vide Memo No.
33/2016 E/R, Village and Post and P.S. Lakhnaur, Distt-Madhubani
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Md. Soban Asghar, Advocate
For the Respondent/s : Mr.
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CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY
ORAL JUDGMENT
Date : 14-10-2025
1. The present Writ petition is filed for cancellation of PDS Dealerships of Respondent No. 5 vide License No. 33/2016 of Block Lakhnaur District Madhubani.
2. At this juncture, the Learned counsel for the respondents contended that Section 32(iii) of the Bihar Targeted Public Distribution System (Control) Order, 2016 provides for the provision of appeal and Section 32(vi) of the Bihar Targeted Public Distribution System (Control) Order, 2016 provides Patna High Court CWJC No.14167 of 2019 dt.14-10-2025 2/4 for the provision of revision. Section 32(iii) 32(v) and 32(vi) read as follows:
"32 (iii). Any person aggrieved by an order of the licensing authority denying the issue or renewal of the license to the fair price shop owner or cancellation of the license may appeal to the District Officer within thirty days of the date of receipt of the order and the District Magistrate shall, as far as practicable, dispose the appeal within a period of sixty days."
32. (v) Till the disposal of appeal pending, the Appellate Authority may direct that the order under appeal shall not take effect for such period as the authority may consider necessary for giving a reasonable opportunity to the other party under sub-clause (4) or until the appeal is disposed of, whichever is earlier.
(vi) Due to non disposal of the appeal within sixty days by the District Officer or against the order passed in the appeal, a revision may be filed before the Divisional Commissioner. The revision shall be disposed of within two months. Patna High Court CWJC No.14167 of 2019 dt.14-10-2025 3/4
3. Admittedly, from the reliefs prayed for in the writ petition, it is evident that the petitioner has an alternative remedy under the provisions of Bihar Targeted Public Distribution System (Control) Order, 2016.
4. The remedy available under the Act is to prefer an appeal before the District Magistrate. As the District Magistrate is the head of the Selection Committee he cannot review his orders in an appeal. Therefore, the petitioner is directed to file a complaint/application before the Divisional Commissioner.
5. The Learned counsel for the petitioner contended that he intends to file a complaint/application before the concerned authority, but the limitation period for filing the same has lapsed. He prayed for a direction to the concerned authority to entertain the same in accordance with Section 5 of the Limitation Act.
6. Taking into consideration that the petitioner has an alternative remedy for filing complaint/application, the writ petition is disposed of Patna High Court CWJC No.14167 of 2019 dt.14-10-2025 4/4 with a direction to the petitioner to file complaint/application within one month from the date of receipt of this order before the concerned authority. The delay in filing the complaint/application shall be condoned by the authority concerned, and the authority shall dispose of the same within three months from the date of filing of the same.
7. With the above said observation, the Writ petition is disposed of.
8. Interlocutory Application(s), if any, shall stand disposed of.
(G. Anupama Chakravarthy, J) amitkr/-
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