Patna High Court
Rahul Kumar Singh vs The State Of Bihar And Ors on 27 June, 2025
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.3529 of 2018
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Rahul Kumar Singh son of Sri Murli Kumar Singh, Resident of Village-
Dumeria, P.O.- Garkha, P.S. Bhedi, District- Saran, Chapra.
... ... Petitioner/s
Versus
1. The State Of Bihar through the Principal Secretary, Food and Consumer
Protection Department, Government of Bihar, Patna
2. The Commissioner, Saran Division, Saran at Chapra.
3. The District Magistrate, Saran, Chapra.
4. The Sub- Divisional Officer, Marhaura, District- Saran.
5. The District Supply Officer, Chapra.
6. The Block Supply Officer, Amnour Block, Saran, Chapra.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Shashi Bhushan Kumar, 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 : 27-06-2025
1. The writ petition is filed for the
following reliefs:
"For issuance of writ of
certiorari for quashing the proceeding
dated 18.10.2017 of District level
Selection Committee for the selection of
candidates on compassionate ground for
under Public Distribution System whereby
and where under the candidature of the
petitioner was rejected on the frivolous
ground that the petitioner has applied
after 2 years of the death of PDS licensee
Patna High Court CWJC No.3529 of 2018 dt.27-06-2025
holder.
ii. For direction to appoint and
issue P.D.S. licence on compassionate
ground as petitioner fulfills all the requisite
qualification.
Iii. For the other reliefs for
which petitioner is found entitled 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
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
Patna High Court CWJC No.3529 of 2018 dt.27-06-2025
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 authority, but the limitation period
for filing the appeal has lapsed. He prayed for a
direction to the concerned authority 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 within
four weeks from the date of receipt of this order
before the concerned authority. The delay in filing
the appeal shall be condoned by the concerned
authority, 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.
Patna High Court CWJC No.3529 of 2018 dt.27-06-2025
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
