Patna High Court
Ramsagar Yadav vs The State Of Bihar on 20 August, 2025
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.22178 of 2018
======================================================
Ramsagar Yadav Son of Sri Matvar Yadav, Resident of village Durgauli, P.S.
Benipatti, District- Madhubani.
... ... Petitioner/s
Versus
1. The State of Bihar Through the Secretary food and consumer supply
protection Department, Govt. of Bihar Patna.
2. The Collector Madhubani.
3. The Subs Divisional officer Benipatti Madhubani.
4. The Block Supply officer, Benipatti, Madhubani.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Gagan Deo Yadav, Adv.
For the Respondent/s : Mr.S. Raza Ahmad
======================================================
CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY
ORAL JUDGMENT
Date : 20-08-2025
1. The Writ petition is filed for the following
reliefs:
"That this is an application for
issuance of an appropriate writ(s),
order(s), direction(s), directing the
respondents authorities to prepare the
provisional merit list as per roster for
granting the license of P.D.S. shop in
Manpaur to roster Panchayat and after
preparation of merit list according to
grant the license of P.D.S. shop to the
petitioner as he has fulfilled all required
criteria for the license of P.D.S. shop
and grant any other consequential
Patna High Court CWJC No.22178 of 2018 dt.20-08-2025
benefits to which he may be found
entitled in accordance with law."
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
giving a reasonable opportunity to the
other party under sub-clause (4) or until
Patna High Court CWJC No.22178 of 2018 dt.20-08-2025
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
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
Patna High Court CWJC No.22178 of 2018 dt.20-08-2025
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
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 22.08.2025
Transmission Date
