Patna High Court
Subhash Kumar Yadav vs The State Of Bihar And Ors on 19 August, 2025
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.22092 of 2018
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Subhash Kumar Yadav Son of Shri Tuntun Rai Resident of Village- Hilsar
Tola, Police Station- Bhagwarnpur Hat, District- Siwan.
... ... Petitioner/s
Versus
1. The State Of Bihar
2. The Principal Secretary, Food and Consumer Protection Department, Govt.
of Bihar, Patna.
3. The Divisional Commissioner, Saran Division, Chapra.
4. The District Magistrate, Siwan.
5. The Sub Divisional Officer-Cum-Licensing Authority, Maharajganj, District-
Siwan.
6. The District Supply Officer, Siwan.
7. The Block Supply Officer, Bhagwanpur Hat, District- Siwan.
8. Vijay Kumar Son of Ramadhar Ram Resident of Village- Brahmsthan,
Block- Bhagwanpur Hat, District- Siwan.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Bipin Bihari Singh, Advocate
For the res. No. 8 : Mr.Md.Aslam Ansari, Advocate
For the Respondent/s : Mr.Arvind Ujjwal -SC-4
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CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY
ORAL JUDGMENT
Date : 19-08-2025
1. The writ petition is filed for the following
reliefs:-
"(i) For issuance of an
appropriate writ in the nature of
certiorari for quashing the memo no.
17 dated 20.07.2018, issued under the
signature of the District Magistrate,
Siwan at serial number 138, Block-
Patna High Court CWJC No.22092 of 2018 dt.19-08-2025
Bhagwanpur Hat, Gram Panchayat Raj
Brahmsthan, District - Siwan, by
which, the private respondent Vijay
Kumar, who is at serial no. 2 has been
granted the license of the Public
Distribution System (PDS) and the
petitioner, who is at serial no. 1 has
been denied the licence of PDS
erroneously with the connivance of
private respondent and respondent
authorities concerned.
(ii) For issuance of an
appropriate writ in the nature of
mandamus for commanding and
directing the respondent authorities
concerned to grant the license of PDS
in favour of the petitioner as the
petitioner is the genuine candidate at
serial number 1 and by removing/
detaching his certification of Diploma
in Computer Application, the petitioner
has been deprived the license of PDS
and the private respondent, who is at
serial number 2 and son of the Ward
Member for whom, there is restriction
that he will not be granted the license
of the PDS but due to connivance of
the respondent authorities concerned,
he has been granted the license.
Patna High Court CWJC No.22092 of 2018 dt.19-08-2025
(iii) For issuance of an
appropriate writ in the nature of
prohibition by restraining the
authorities concerned to not issue
license in favour of the private
respondent Vijay Kumar, who is at
serial number 2 in the list, as his
father Ramadhar Ram, is Ward
Member in Ward No. 11 and there is
restriction that no representative of
the panchayat i.e. ward member will
be given license of PDS and, therefore,
the said private respondent is not at
all entitled to get the license of PDS,
as he is below the petitioner in the list
and the son of the Ward Member.
(iv) For issuance of an
appropriate writ in the nature of
mandamus for commanding and
directing the respondent District
Magistrate, Siwan to dispose of the
representation / objection of the
petitioner by reasoned and speaking
order by redressing the genuine
grievance of the petitioner by granting
the license of PDS in favour of the
petitioner for Gram Panchayat Raj
Brahmsthan, Block - Bhagwanpur Hat,
District - Siwan.
Patna High Court CWJC No.22092 of 2018 dt.19-08-2025
(v) For issuance of any other
appropriate writ/writs, order/orders,
direction/directions for which the writ
petitioner will be found entitled in the
facts and circumstances of the case."
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
Patna High Court CWJC No.22092 of 2018 dt.19-08-2025
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.
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
Patna High Court CWJC No.22092 of 2018 dt.19-08-2025
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
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
Patna High Court CWJC No.22092 of 2018 dt.19-08-2025
of the same within three months from the date of
filing of the same.
7. With the above said observations, the Writ
petition shall stand disposed of.
8. Interlocutory Application(s), if any, shall
stand disposed of.
(G. Anupama Chakravarthy, J)
vinita/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 21.08.2025
Transmission Date
