Patna High Court
Indrajeet Kumar Yadav @ Indrajeet Kumar vs The State Of Bihar And Ors on 19 August, 2025
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.21707 of 2018
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Indrajeet Kumar Yadav @ Indrajeet Kumar, Son of Shivmurat Singh
@Shivmurat Yadav, Resident of Village-Maraicha, P.s.-Karamchat, District-
Kaimur at Bhabua.
... ... Petitioner/s
Versus
1. The State Of Bihar the Secretary, Rural Development Deptt., government
of Bihar.
2. The Secretary of Food and Civil Supply Deptt., Bihar at Patna.
3. The Special Secretary, food and Consumer protection. Department, Bihar at
Patna.
4. The Deputy Director of Food, Patna Division, Patna,
5. The District Magistrate cum President of District Selection Committee,
Kaimur at Bhabua.
6. The Additional Collector, Kaimur at Bhabua.
7. The Deputy Development Commissioner, Kaimur at Bhabua.
8. The Assistant District Supply Officer, Bhabua, District-Kaimur at Bhabua.
9. The Sub divisional Officer, Bhabua, District-kaimur at Bhabua.
10. The Block Development Officer, Rampur, Block-Rampur, District-
Kaimur at Bhabua.
11. Sujit Kumar Singh son of Baijnath Singh, resident of village-Amaon
Panchayat, Amaon, P.S.-Rampur, District-Kaimur at Bhabua.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Rajani Kant Pandey, Adv.
For the Respondent/s : Mr.S. Raza Ahmad- Aag5
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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/order/direction
including a writ in the nature of
certiorari to quash the selection for
issuance a license for P.D.S. Dealer to
the Sujit Kumar Singh (Respondent
no.11) Serial No. 44 belongs to the
Amaon Panchayat in Rampur Prakhand
Patna High Court CWJC No.21707 of 2018 dt.19-08-2025
under Bhabua Subdivision through the
letter No. 692 dated 19-9-2018 issued
by the respondent no. 5 (Selection
committee presiding by the District
Magistrate, Kaimur at Bhabua) and for
issuance a direction to the respondents
for issue a license for P.D.S. Dealership
of amaon Panchayat in favour of the
petitioner in place of respondent no. 11
under Backward Class category and/or
pass other and further order which the
petitioner is entitled to.
(ii) For grant of such relief(s),
the petitioners would be found entitled
to the facts and in the 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
Patna High Court CWJC No.21707 of 2018 dt.19-08-2025
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.
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
Patna High Court CWJC No.21707 of 2018 dt.19-08-2025
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 same in accordance with Section 5 of the
Limitation Act.
6. Taking into consideration that the
petitioner has an alternative remedy for filing
Patna High Court CWJC No.21707 of 2018 dt.19-08-2025
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 21.08.2025
Transmission Date
