Patna High Court
Pooja Kumari vs The State Of Bihar And Ors on 29 August, 2025
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.19079 of 2018
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Pooja Kumari Wife of Sri Shambhu Kumar Pandit, Daughter of Ram Narayan
Pandit, Resident of Village and P.O.-Uchhti, P.S.-Biraul, District-Darbhanga.
... ... Petitioner/s
Versus
1. The State Of Bihar through the Principal Secretary-cum-Commissioner,
Food Supply and Commerce Department, Old Secretariat Patna
2. The District Magistrate Cum-Chairman District Selection Committee,
District-Darbhanga.
3. District Supply Officer Cum Secretary, Selection Committee, Darbhanga.
4. The D.o. Benipur, Member of Selection Committee, District-Darbhanga.
5. The D.O. Sadar Darbhanga, Member of Selection Committee, District-
Darbhanga.
6. The S.D.O. Member Cum Licnsing Authority, Biraul Sub-Division, District-
Darbhanga.
7. The Sr. Addl. Collector, Member, District Selection Committee, District-
Darbhanga.
8. The District Co-operative Officer Cum Member, Selection Committee,
District-Darbhanga.
9. Sabita Kumari, Wife of Ram Kumar Sharma, Resident of Village and P.O.-
Uchati, Biraul,.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Kumar Ravi Shankar
For the Respondent/s : Mr.S.Raza Ahmed -AAG-5
For the resp. No. 9 : Mr.Kaushalesh Choudhary
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CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY
ORAL JUDGMENT
Date : 29-08-2025
1. The writ petition is filed for the following
relief:-
"For issuance of appropriate
writ/writs in the nature of Mandamus
directing to the Licensing authority
Patna High Court CWJC No.19079 of 2018 dt.29-08-2025
cum S.D.O. Biraul Sub-Division,
District- Darbhanga to issue licence
in favour of the petitioner's fair price
shop (P.D.S.) which has already been
recommendation made by all the 7
members of the District Selection
Committee on due claim/objection
under the Uchhti Gram Panchayat,
Block Biraul, Sub-Division Biraul,
District-Darbhanga dated 26.6.18 on
the vacant post E.B.C. Women
Category."
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
Patna High Court CWJC No.19079 of 2018 dt.29-08-2025
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 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.19079 of 2018 dt.29-08-2025
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.19079 of 2018 dt.29-08-2025
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 30.08.2025
Transmission Date
