Patna High Court
Kalindi Komal vs The State Of Bihar And Ors on 19 August, 2025
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.22103 of 2018
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Kalindi Komal wife of Ajit Kumar, resident of Ward No. 5, Village & Post-
Srinagar, Sub-Division-Madhepura, Block-Kumarkhand, Panchayat-
Ramnagar Mahesh, PS-Srinagar, Distt-Madhepura
... ... Petitioner/s
Versus
1. The State Of Bihar through the Secretary, Food and Consumer Protection
Department, Government of Bihar, Old Secretariat, PO-Sachivalaya, Patna,
Bihar
2. The District Magistrate, Madhepura
3. The Sub-Divisional Officer, Madhepura, District-Madhepura
4. The District Supply Officer, Madhepura
5. The Block Supply Officer, Kumarkhand Block, District-Madhepura
6. Khusbhoo Kumari wife of Umesh Yadav resident of ward No. 5, Village &
Post-Srinagar, Sub-Division-Madhepura, Block Kumarkhand, Panchayat-
Ramnagar Mahesh, PS-Srinagar, District-Madhepura
7. Nandini Kumari, wife of Rupesh Kumar resident of Ward No. 7, Village &
Post-Srinagar, Sub-Division-Madhepura, Block-Kumarkhand, Panchayat-
Ramnagar Mahesh, PS-Srinagar, District-Madhepura
8. Nityanand Sharma, son of Chuni Lal Sharma resident of ward No. 7,
Village & Post - Srinagar, Sub-Division-Madhepura, Block-Kumarkhand,
Panchayat-Ramnagar Mahesh, PS-Srinagar, District-Madhepura
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Sanjay Kumar Sharma, Advocate
For the res. No. 6 : Mr.Dinesh Prasad Verma, Advocate
: Mr.Vivek Kunwar, Advocate
For the Respondent/s : Mr.S.Raza Ahmad -AAG-5
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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:-
Patna High Court CWJC No.22103 of 2018 dt.19-08-2025
"(i) To quash and set aside
the selection of the private
respondents as Public Distribution
Shop Dealers of Ramnagar Mahesh
Gram Panchayat in Kumarkhand
Block in Sub Division: Madhepura in
District: Madhepura as per the final
merit list contained in (Annexure-
P/5) pursuant to selection process
carried out under the Memo No.
473 dated 05.08.2017 issued by the
District Magistrate, Madhepura and
District Supply Officer, Madhepura
(Annexure-P/1);
(ii) To direct for selection of
this petitioner as one of the Public
Distribution Shop Dealer for Ward
No. 5 in Ramnagar Mahesh Gram
Panchayat in Kumarkhand Block in
Sub Division: Madhepura in District:
Madhepura;
(iii) To any other relief or
relief which the petitioner may be
found entitled to in the facts and
circumstances of the case;
(iv) Cost of this litigation."
2. At this juncture, the Learned counsel for
the respondents contended that Section 32(iii) of the
Patna High Court CWJC No.22103 of 2018 dt.19-08-2025
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.22103 of 2018 dt.19-08-2025
(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
complaint/application before the concerned
authority, but the limitation period for filing the same
Patna High Court CWJC No.22103 of 2018 dt.19-08-2025
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
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
