Patna High Court
Pradeep Ranjan Pandey vs The State Of Bihar And Ors on 21 August, 2025
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.24600 of 2018
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Pradeep Ranjan Pandey S/o Jai Prakash Pandey R/o Village- Ledri, P.S.-
Chand, District- Kaimur at Bhabhua
... ... Petitioner/s
Versus
1. The State Of Bihar through the Principal Secretary, Food and Civil Deptt,
government of Bihar, Patna
2. The Principal Secretary, Food and Civil Department, Govt. of Bihar Patna
3. The Commissioner, Patna Division, Patna
4. The District Magistrate, Kaimur, Bhabhua
5. The Sub Divisional Magistrate, Kaimur, Bhabhua
6. The Block Supply Officer, Chand
7. Virendra Kumar Singh S/o Mahatim Singh Village- Dulhi, P.S.- Chand,
District- Kaimur at Bhabhua
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Saket Tiwary, Adv.
For the Respondent/s : Mr.S.Raza Ahmad -Aag5
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CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY
ORAL JUDGMENT
Date : 21-08-2025
1. The Writ petition is filed for the following
reliefs:-
"(i) For setting aside memo No.
692 dated 19.09.2018 issued by the
Collector-Cum-Chairman of District
Selection Committee, Kaimur to the
extent to which the application of the
petitioner for selection as PDS Dealer
Patna High Court CWJC No.24600 of 2018 dt.21-08-2025
has been wrongly been rejected and
respondent No. 7 has been appointed.
(ii) For issuance of direction to
appoint the petitioner in place of the
respondent No. 7.
(iii) For any other relief(s) as
this Hon'ble Court may deem fit and
proper in the interest of Justice."
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
Patna High Court CWJC No.24600 of 2018 dt.21-08-2025
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
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
Patna High Court CWJC No.24600 of 2018 dt.21-08-2025
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
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.
Patna High Court CWJC No.24600 of 2018 dt.21-08-2025
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
