Patna High Court
Sweta Singh vs The State Of Bihar And Ors on 20 August, 2025
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.22531 of 2018
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Sweta Singh W/o Shailendra Singh, resident of Village- Mahmada Dakshin
Tola, P.S.- Bhagwanpur Hat, District- Siwan.
... ... Petitioner/s
Versus
1. The State Of Bihar through the Secretary, Food & Consumer Protection
Department, Government of Bihar, Patna
2. The Chairman, District Level Selection Committee, District- Siwan.
3. The Collector-cum- District Magistrate, Siwan.
4. The Additional Collector, Siwan.
5. The Sub Divisional Officer, Sadar, Siwan.
6. The Sub Divisional Officer, Maharajganj.
7. The District Supply Officer, Siwan.
8. The District Co-operative Officer, Siwan.
9. The Block Supply Officer, Bhagwanpur, Siwan.
10. Bandita Vijaya, W/o Sanjiv Kumar Singh, resident of Village- Bankajuya,
P.S.- Bhagwanpur Hat, District- Siwan.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Ashok Kumar
For the Respondent/s : Mr.Arvind Ujjwal- SC-4
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CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY
ORAL JUDGMENT
Date : 20-08-2025
1. The writ petition is filed for quashing the
recommendation of selection as PDS dealer by the
District Level Selection Committee, Siwan for
Mahmada Panchayat under General Lady Category of
Maharajganj Sub Division and further be pleased to
direct the authorities to appoint the petitioner as PDS
Patna High Court CWJC No.22531 of 2018 dt.20-08-2025
Dealer in Mahmada Panchayat under General Lady
Category in the Sub Division of Maharajganj because
the petitioner is having more marks then respondent
no. 10 and candidature of petitioner has been
rejected by interpolation in the first page of
application form with regards to educational
qualification by the office of the respondents
committee.
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
Patna High Court CWJC No.22531 of 2018 dt.20-08-2025
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
Patna High Court CWJC No.22531 of 2018 dt.20-08-2025
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
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
Patna High Court CWJC No.22531 of 2018 dt.20-08-2025
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
