Patna High Court
Beby Kumari vs The State Of Bihar on 30 July, 2025
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.21240 of 2019
======================================================
Beby Kumari, Wife of Sujit Kumar Ray, Resident of Village Aami, P.S.-
Sadar, District- Darbhanga.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Food and Consumer
Protection Department, Old Secretariat, Patna.
2. The Collector-cum-Chairman, District Selection Committee, Darbhanga,
District- Darbhanga.
3. The Sub-Divisional Officer-Cum-Licensing authority, Sadar, Darbhanga,
District- Darbhanga.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Rajeev Kumar Labh
For the Respondent/s : Mr.Arvind Ujjawal ( Sc4 )
======================================================
CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY
ORAL JUDGMENT
Date : 30-07-2025
1. The writ petition is filed for the following
reliefs:
"For issuance of an appropriate
writ, order or direction for quashing the
decision passed by the District Selection
Committee in a meeting dated 9/6/2018
under the signature of the Collector,
Darbhanga-cum-Chairman, District
Selection Committee with others
authorities concerned by which name of
the petitioner petitioner whose name has
early been selected by the same
committee as No. 3 for issuance of P.D.S.
Patna High Court CWJC No.21240 of 2019 dt.30-07-2025
licence in merit list has not been selected
only on a sole ground that the petitioner
is beonging in a joint family after
objection contained in Annexure-1 and
further may direct the S.D.O., Sadar,
Darbhanga to cancel the P.D.S. licence if
any issued in the place of the petitioner
and to issue P.D.S. licence in the name of
the petitioner for which she is entitle in
accordance with law."
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
Patna High Court CWJC No.21240 of 2019 dt.30-07-2025
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.
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.21240 of 2019 dt.30-07-2025
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 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 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 one month 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.
Patna High Court CWJC No.21240 of 2019 dt.30-07-2025
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)
amitkr/-
AFR/NAFR NAFR
CAV DATE N/A
Uploading Date 31.07.2025
Transmission Date N/A
