Patna High Court
Phulo Kumar Paswan @ Phulo Paswan vs The State Of Bihar on 30 July, 2025
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.21844 of 2019
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Phulo Kumar Paswan @ Phulo Paswan Son of Jangbahadur Paswan Resident
of Village- Karhalia, 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.
4. Jaynath Paswan Village- Mabbi, P.O.- Sahwajpur, P.S.- Sadar, District-
Darbhanga.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Rajeev Kumar Labh, Advocate
For the Respondent/s : Mr.S.Raza Ahmad (Aag5)
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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 under the
signature of the Collector, Darbhanga-
cum-Chairman, District Selection
Committee with others authorities
concerned by which name of the
petitioner whose name has early been
recommended by the same committee as
Patna High Court CWJC No.21844 of 2019 dt.30-07-2025
No. 7 for issuance of P.D.S. licence in
merit list has not been selected only on a
sole ground that the petitioner is
belonging in a joint family after objection
and further may direct the S.D.O., Sadar,
Darbhanga to cancel the P.D.S. license of
one Jaynath Paswan issued in the place of
the petitioner because no any order for
the same has been served to the
petitioner for the same and to issue
license in the name of the petitioner for
which he 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
Patna High Court CWJC No.21844 of 2019 dt.30-07-2025
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.21844 of 2019 dt.30-07-2025
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 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
Patna High Court CWJC No.21844 of 2019 dt.30-07-2025
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 31.07.2025
Transmission Date N/A
