Patna High Court
Ram Ashish Kumar vs The State Of Bihar And Ors on 1 August, 2025
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.21398 of 2018
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Ram Ashish Kumar Son of Jibach Yadav Resident of village Mansara, P.s.
Ghanshyampur Distt. Darbhanga.
... ... Petitioner/s
Versus
1. The State Of Bihar through the Chief Secretary, Government of Bihar, Patna.
2. The Divisional Commissioner, Darbhanga Division Darbhaga.
3. The District Magistrate, Darbhanga.
4. The District Supply Officer, cum Secretary of District Selection Committee,
Darbhanga.
5. The Sub-Divisional Officer, Biraul, Darbhanga.
6. The District Selection Committee of the public Distribution system,
Darbhanga through its Chairman,
7. The Block Development Officer, Gaura Bauram, Darbhanga.
8. The Circle Officer, Gaura Baurm, Darbhanga.
9. Yasim Parveen Wife of abrar Hussain Resident of village Adharpur, P.s.-
Ghanshyampur, Distt. Darbhanga.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Sanjeev Kumar Srivastava, Advocate
: Mr. Vagisha Pragya, Advocate
: Ms. Ankita Roy, Advocate
For the Respondent/s : Mr.Arvind Ujjwal -Sc4
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CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY
ORAL JUDGMENT
Date : 01-08-2025
1. The writ petition is filed for the following
reliefs:
"i) For quashing of the list dated
25.06.2018
passed by the District
Selection Committee of the Public
Distribution System, Darbhanga
(Respondent No. 6) whereby the
Patna High Court CWJC No.21398 of 2018 dt.01-08-2025
recommendation of the earlier selected
candidate has been rejected and instead
of that selection of Private Respondent
No. 9 namely Yasmin Praveen
recommended. Whereas the respondent
no. 9 has already been selected by the
District Committee selected vide list
dated 01.09.2017.
ii) For direction to the District
Selection Committee of the Public
Distribution System, Darbhanga
(Respondent no. 6) to finally select and
recommend the name of the petitioner
for fair price shop of the Public
Distribution System in Gram Panchayat
Raj Adharpur in Gaura Bauram Block of
Darbhanga District.
iii) For direction to the
respondent authority to produce the
license issued to the private respondent
no. 9 and further be pleased to cancel
the same and issue license to the
petitioner in place of her. Further any
other writ(s) may be issued direction(s)
given or order(s) passed which the
petitioner is entitle to the facts and
circumstances."
Patna High Court CWJC No.21398 of 2018 dt.01-08-2025
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.21398 of 2018 dt.01-08-2025
(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 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 representation
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
Patna High Court CWJC No.21398 of 2018 dt.01-08-2025
same in accordance with Section 5 of the Limitation
Act.
6. Taking into consideration that the
petitioner has an alternative remedy for filing
representation, the writ petition is disposed of with a
direction to the petitioner to file representation
within four weeks from the date of receipt of this
order before the concerned authority. The delay in
filing the representation 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)
amitkr/-
AFR/NAFR NAFR
CAV DATE N/A
Uploading Date 02.08.2025
Transmission Date N/A
