Patna High Court
Vijay Kumar vs The State Of Bihar And Ors on 10 October, 2025
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.16820 of 2017
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Vijay Kumar son of Sri Deo Narayan Paswan, Resident of Village- Brahmpur,
P.S. Kisheshwar Sthan, P.O. Sumbha Deorhi, Aurahi Panchayat, District-
Darbhanga.
... ... Petitioner/s
Versus
1. The State Of Bihar through the Chief Secretary, government of Bihar, Old
Secretariat Patna
2. The Principal Secretary, Food and Consumer Protection Department,
Government of Bihar, Old Secretar
3. The District Magistrate Cum Chairman, District- Selection Committee,
Darbhanga.
4. The Sub- Divisional Officer, Sadar, Darbhanga.
5. The Sub- Divisional Officer, Biraul, District- Darbhanga.
6. The Sub- Divisional Officer, Benipur, District- Darbhanga.
7. The District Supply Officer, Darbhanga cum Secretary, District Selection
Committee, Darbhanga.
8. The District Co-Operative Officer, Darbhanga.
9. The Assistant District Supply Officer, Biraul, District- Darbhanga.
10. The Assistant District Supply Officer, Sadar, Darbhanga. null null
11. Sri Shankar Saran Son of not known, Omi, Senior Deputy Collector,
Darbhanga.
12. Ram Govind Ram Son of Bilet Ram, Resident of Village- Brahmpur, P.S.
Kusheshwar Sthan, P.O. Aurahi, District- Darbhanga.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Madhusudan Kumar, Adv.
For the Respondent/s : Mr.Arbind Ujjawal - SC4
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CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY
ORAL JUDGMENT
Date : 10-10-2025
1. The Writ petition is filed for the following
reliefs:-
"(i) The prayer in the Writ
petition is to quash the merit list of vacant
Patna High Court CWJC No.16820 of 2017 dt.10-10-2025
2/5
Public Distribution Shop License under
Kesheshwar Sthan Block (Biraul Sub-
Division) issued on 01.09.2017 by which
the respondent No. 12 (Ram Govind
Ram) has been illegally selected in Merit
List for the PDS shop License through the
petitioner is much better in each and
every corner than respondent No. 1. He
has been left out and the Respondent No.
12 has been selected at Serial No. 5.
Photocopy of Memo No. 869 dated
01.09.2017
along with the Merit list of
PDS license is enclosed here with as
Annexure P1."
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:
Patna High Court CWJC No.16820 of 2017 dt.10-10-2025
"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.
(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
Patna High Court CWJC No.16820 of 2017 dt.10-10-2025
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 complaint/application
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
complaint/application, the Writ petition is disposed of
Patna High Court CWJC No.16820 of 2017 dt.10-10-2025
with a direction to the petitioner to file
complaint/application within two month from the date of
receipt of this order before the concerned authority. The
delay in filing the complaint/ application 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)
AMANDEEP/-
AFR/NAFR NAFR
CAV DATE N/A
Uploading Date 10.10.2025
Transmission Date
