Patna High Court
Poonam Devi vs The State Of Bihar And Ors on 19 August, 2025
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.4739 of 2016
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Poonam Devi W/o Anil Roy@Anil Kumar R/oVillage- Juara Po Mirpur Juara,
PS Awatar Nagar, District Saran.
... ... Petitioner/s
Versus
1. The State Of Bihar through the Chief Secretary, Ministry of Foods and
Consumer Protection Department, Old Secretariat, Govt. of Bihar, Patna.
2. The District Magistrate, at chhapra, District Saran.
3. The Sub-Divisional Officer, S.D.O. At Chhapra District Saran.
4. The District Supply Officer At Chhpara District Sarna.
5. Raj Kumar Singh S/o late Jith Narayan Singh R/o Village-Juara Po Mirpur
Juara, PS Awater Nagar District Saran.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Shiv Shankar Prasad Yadav, Advocate
For the Respondent/s : Mr.Sc9
: Mr. S.S.Tiwary, Advocate
: Ms. Riya Singh, Advocate
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CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY
ORAL JUDGMENT
Date : 19-08-2025
1. The present writ petition is filed
challenging the allotment of the P.D.S. shop bearing
E.P.D.S. Code-200000031996 and the Licence No.
012016 issued to the private respondent No. 6 i.e.
illegal and arbitrary in nature and also contradictory
to law, and seeks the allotment of the same to her in
view of her fulfilling entire criteria for the same. Due
to non allotment of the same to her, she has got
aggrieved and has preferred the present jurisdiction
Patna High Court CWJC No.4739 of 2016 dt.19-08-2025
of this Hon'ble Court for needful, vide the web copy
of the allotment of P.D.S. Shop in question as an
annexure to the present Writ application.
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
Patna High Court CWJC No.4739 of 2016 dt.19-08-2025
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
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
Patna High Court CWJC No.4739 of 2016 dt.19-08-2025
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. Without going into the merits of the case
and 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
Patna High Court CWJC No.4739 of 2016 dt.19-08-2025
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/-
AFR/NAFR NAFR
CAV DATE N/A
Uploading Date 21.08.2025
Transmission Date N/A
