Patna High Court
Mulayam Kumar And Anr vs The State Of Bihar And Ors on 29 August, 2025
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.22047 of 2018
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1. Mulayam Kumar and Anr Son of Bharat Singh, Resident of Village-
Karamahara, P.O.- Katrakala, P.S.- Mohaniya, District- Kaimur.
2. Ramshankar Ram, Son of Lakshanm Ram, Resident of Village- Karmahari,
P.O.- Katrakala, P.S.- Mohaniya, District- Kaimur.
... ... Petitioner/s
Versus
1. The State Of Bihar through the Principal Secretary, Food and Supply
Department, Government of Bihar, Patna
3. The Collector-cum-Magistrate, Kaimur at Bhabhua, District- Kaimur at
Bhabhua.
4. The Block Development Officer, Mohania, District- Kaimur at Bhabhua.
5. The Marketing Officer, Mohania, District- Kaimur at Bhabhua.
6. The Block Food and Supply Officer, Mohania, District- Kaimur at Bhabhua.
7. The Sub-Divisional Officer, Mohania, District- Kaimur at Bhabhua.
8. Mukesh Pal, Son of Rambriksh Pal, Resident of Village- Karamhari, P.S.-
Katrakala, P.S. Mohania, District- Kaimur at Bhabhua.
. ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Sumeet Kumar Singh, Adv.
For the Respondent/s : Mr.S. Raza Ahmad- AAG5
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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
reliefs:-
"I. That the present writ
application is being filed in the nature
of certiorari for quashing the letter
dated 19.09.2018 bearing memo no.
692 by which the PDS license given in
the name of Subhash Pal listed at Serial
No. 73 in Division-Bhabhua, Block-
Chainpur, Panchayat-Kajraon, District-
Kaimur (Bhabhua) as selected by
Patna High Court CWJC No.22047 of 2018 dt.29-08-2025
District Magistrate-cum-Chairman. The
District Appointment Committee,
Kaimur at Bhabhua, respondent no-2
(Annexure-1); on the ground that the
PDS license for the same Panchayat has
been issued in favour of the father of
private respondent no.8 (Mukesh Pal)
which has been cancelled and the
appeal filed by the father of the private
respondent no. 8 is pending before
Kaimur at Bhabhua and the same is hit
Rule-11 of Bihar Targeted (Control)
Order, 2016."
ii. That the present writ
application is being filed in the nature
of Mandamus for a direction to the
District Magistrate-cum- Chairman, The
District Appointment Committee,
Kaimur at Bhabhua as well as licensing
authority to appoint a fresh PDS
licensee in Division- Bhabhua, Block-
Karamhari, Panchayat- Katrakala,
District- Kaimur (Bhabhua) and also to
proceed against private respondent no-
8 for filing affidavit for taking the P.D.S
license;
iii. For any other relief/Reliefs
for which the petitioner is entitled for.
Patna High Court CWJC No.22047 of 2018 dt.29-08-2025
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
the appeal is disposed of, whichever is
earlier.
Patna High Court CWJC No.22047 of 2018 dt.29-08-2025
(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 petitioners
have 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 petitioners are directed to file
a complaint/application before the Divisional
Commissioner.
5. The Learned counsel for the petitioners
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
Patna High Court CWJC No.22047 of 2018 dt.29-08-2025
concerned authority to entertain the same in
accordance with Section 5 of the Limitation Act.
6. Taking into consideration that the
petitioners have an alternative remedy for filing
complaint/application, the Writ petition is disposed
of with a direction to the petitioners 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 01.09.2025
Transmission Date
