Patna High Court
Dubai Kumar Singh vs The State Of Bihar And Ors on 26 June, 2025
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.5259 of 2018
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Dubai Kumar Singh Son of Uma Singh, Resident of Village- Dakhi, Police
Station- Barsoi, District- Katihar.
... ... Petitioner/s
Versus
1. The State Of Bihar through the Principal Secretary, General Administrastion
Department, Govt. of Bihar, Patna
2. The Principal Secretary, Food and Consumer Protection Department,
Government of Bihar, Patna.
3. The Joint Secretary, Food and Consumer Protection Department,
Government of Bihar, Patna.
4. The Divisional Commissioner, Purnea Division, Purnea.
5. The District Magistrate, Katihar.
6. The Sub-Divisional Officer, Katihar.
7. The Block Supply Officer, Block- Barsoi, District- Katihar.
8. Pulti Kumari Singh, Wife of Uttam Singh. Resident of Village- Jagatpur,
Police Station- Barsoi, District- Katihar.
9. Md. Rehan Ahmad, Son of Abdur Raquib, Resident of Village- Manaikhar,
Police Station- Barsoi, District- Katihar.
10. Shyamal Kumar Das, Son of Paniya Das, Resident of Village- Jagatpur,
Police Station- Barsoi, District- Katihar.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Md. Fahimuddin, Advocate
For the Respondent/s : Mr. S. Raza Ahmad- AAG 5
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CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY
ORAL JUDGMENT
Date : 26-06-2025
1. The writ petition is filed for the
following reliefs:
"I. For issuance of writ of
mandamus or any other appropriate writ
order, direction commanding the
respondents authority to select the
Patna High Court CWJC No.5259 of 2018 dt.26-06-2025
petitioner granting licence for P.D.S. Shop
who is deserving candidate in terms of
advertisement on the ground of person
with disability for the same cancelling the
selection of the private respondents who
have been selected ignoring the disable
person granting licence for P.D.S. Shop,
who are also inferior candidate than the
petitioner in merit as term and condition
laid down in the advertisement No. 01/
2017-2018.
II. For grant of any other relief
or reliefs for which the petitioner may be
deemed fit and proper in the facts and
circumstances of the case. "
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. Section 32(iii) 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.5259 of 2018 dt.26-06-2025
District Magistrate shall, as far as
practicable, dispose the appeal within a
period of sixty days."
3. Admittedly, from the reliefs prayed for in
the writ petition, it is evident that the petitioner
has an alternative remedy of appeal available
under Section 32(iii) of the Bihar Targeted Public
Distribution System (Control) Order, 2016.
4. The Learned counsel for the petitioner
contended that he intends to file an appeal before
the concerned District Magistrate, but the
limitation period for filing the appeal has lapsed.
He prayed for a direction to the concerned District
Magistrate to entertain the appeal in accordance
with Section 5 of the Limitation Act.
5. Taking into consideration that the
petitioner has an alternative remedy for filing an
appeal, the writ petition is disposed of with a
direction to the petitioner to file an appeal petition
within four weeks from the date of receipt of this
order before the concerned District Magistrate. The
delay in filing the appeal shall be condoned by the
Patna High Court CWJC No.5259 of 2018 dt.26-06-2025
District Magistrate, and the authority shall dispose
of the appeal within three months from the date of
filing of the appeal.
6. With the above said observation, the
Writ petition is disposed of.
7. Interlocutory Application(s), if any, shall
stand disposed of.
(G. Anupama Chakravarthy, J)
Spd/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 27.06.2025
Transmission Date
