Patna High Court
Kiran Kumari vs The State Of Bihar And Ors on 21 August, 2025
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.24842 of 2018
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Kiran Kumari W/o Niranjan Rajak, D/o Nawal Kishore Rajak resident of
Village- Laxmipur Kanchan Tola, Block- B. Kothi, District-Purnia.
... ... Petitioner/s
Versus
1. The State Of Bihar through the Principal Secretary, Department of Food and
Civil Supply, Government of Bihar.
2. The District Magistrate, Purnia.
3. The District Supply Officer, Purnia.
4. The District Co-oprative Officer, Purnia.
5. The Additional District Officer, Purnia
6. The Sub-Divisional Officer, Dhamdaha, District- Purnia
7. The Assistant District Supply Officer, Dhamdaha, District- Purnia.
8. The Block Development Officer, B. Kothi, District- Purnia.
9. The Block Supply Officer, B. kothi, District- Purnia.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Ashok Kumar Yadav
For the Respondent/s : Mr.Arvind Ujjwal- Sc4
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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:-
"1. That this is an application
for issuance of an appropriate writ,
order, action cancelling the selection
of Archana Kumari (Respondent No.
10) for grant of license under public
distribution system in as much as her
Patna High Court CWJC No.24842 of 2018 dt.21-08-2025
selection as P.D.S. dealer for Laxmipur
Gram Panchayat is contrary to the
rule.
Further direct the respondent
concerned to consider the objection of
the petitioner and select her for grant
of P.D.S. license in as much as she is
at Serial No. 2 in the merit list.
And for any other relief (s) for
which the petitioner is found to be
entitled in the facts and
circumstances in this case."
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
Patna High Court CWJC No.24842 of 2018 dt.21-08-2025
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.
(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.
Patna High Court CWJC No.24842 of 2018 dt.21-08-2025
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
date of receipt of this order before the concerned
authority. The delay in filing the complaint/
application shall be condoned by the authority
Patna High Court CWJC No.24842 of 2018 dt.21-08-2025
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)
ranjan/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date
Transmission Date NA
