Patna High Court
Deepak Sharma vs The State Of Bihar And Ors on 11 August, 2025
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.20389 of 2018
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Deepak Sharma Son of Umesh Prasad Sinha, Resident of Village-Maha
Nandpur, P.S.-Akbarpur, District-Nawada.
... ... Petitioner/s
Versus
1. The State Of Bihar and Ors
2. The District Officer-Cum-Collector, Nawada.
3. The District Supply Officer, Nawada.
4. The Sub-Divisional Officer, Rajauli Nawada.
5. The Block Supply Officer-Cum-Marketing Officer, Rajauli, Nawada.
6. Ramashish Kumar, Son of Dinanath Thakur, Resident of Village-Sanokhara,
P.S.-Akbarpur, District-Nawada.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Sanjay Kumar Sinha, Adv.
For the Respondent/s : Mr.Arvind Ujjwal- SC4
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CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY
ORAL JUDGMENT
Date : 11-08-2025
1. The Writ petition is filed for the following
reliefs:
"(I) for issuance of a Writ in the
nature of mandamus directing and
commanding the respondents to issue
new license fair price shop under public
Distribution system on the Vacant Seat of
Barhail Panchayat under Akbarpur Block
of the district Nawada for which the
petitioner has applied in pursuance of
advertisement No. 01/2017 issued by the
Sub-Divisional Office, Rajauli, Nawada
and also appeared in counseling, the
Patna High Court CWJC No.20389 of 2018 dt.11-08-2025
petitioner has fulfilled all the criteria laid
down under "Bihar Targated Public
Distribution System (control) order 2016
but the respondents has adopted pick
and choose policy on irrelevant ground
against the provision contained in Bihar
Targated Public Distribution (Control)
Order 2016 and selected B.C. category
applicant, namely, Ramashish Kumar
(Respondent No.6), who also applied on
the basis of saying as obtained high
marks in computer eligibility test, further
qualifications other four applicants are
graduate pass out of 13 applicant and of
District level selection approval
committee decision has been taken for
selection of issue new license on general
category seat. Where as in 14 applicant
nine are graduate passed out of which
the petitioner is sole applicant who is
graduate in computer (B.C.A.) and
belongs from general category.
(ii) Further for issuance of writ in
the nature of certiorari quashing the
selection of Ramashish Kumar
(respondent No.6), who has been
selected for issue new license of fair price
shop under public Distribution system on
the Vacant seat of Barhail Panchayat in
Patna High Court CWJC No.20389 of 2018 dt.11-08-2025
pursuance of advertisement No. 01/2017
on irrelevant ground and contained in
against the provision of Bihar Targeted
public distribution (Control) Order 2016
on the basis of saying as obtained high
marks in computer eligibility test, further
qualifications other four applicant are
graduate pass out of 13 applicant and
approval of selection District level
committee decision has been taken for
selection of issue new license on general
category seat. Where as 14 applicant
nine are out graduate passed of which
the petitioner is sole applicant who is
graduate in computer (B.C.A.) and
belongs from general category and
higher in age group as well as ignoring
Self Help Group for which special
provision and priority shall be given vide
letter No. 2928 dated 20-6-18 issued by
Food and Consumer Protection
Department Government of Bihar, Patna
(which order is under challenge in this
writ application as contained in
Annexure-4 to this writ application).
(iii) For issuance of any other
writ/ writ /relief (s) for which the
petitioner found entitled in the fact and
circumstances of this case."
Patna High Court CWJC No.20389 of 2018 dt.11-08-2025
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
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.
Patna High Court CWJC No.20389 of 2018 dt.11-08-2025
(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.
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 representation
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
Patna High Court CWJC No.20389 of 2018 dt.11-08-2025
same in accordance with Section 5 of the Limitation
Act.
6. Taking into consideration that the
petitioner has an alternative remedy for filing
representation, the Writ petition is disposed of with a
direction to the petitioner to file representation
within one month from the date of receipt of this
order before the concerned authority. The delay in
filing the representation 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)
AMANDEEP/-
AFR/NAFR NAFR
CAV DATE N/A
Uploading Date 12.08.2025
Transmission Date
