Patna High Court
Pappu Kumar Yadav vs The State Of Bihar And Ors on 13 October, 2025
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.24819 of 2018
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Pappu Kumar Yadav son of Moti Lal Yadav resident of village- Kamalpur,
P.S. Rahika, District- Madhubani
... ... Petitioner/s
Versus
1. The State Of Bihar and Ors
2. The collector, Madhubani
3. The Sub-Divisional Officer, Sadar, Madhubani
4. The District Supply Officer, Madhubani
5. The Block supply Officer, Rahika, Madhubani
6. Sunil Kumar Yadav son of Jawaharlal Yadav, resident of village- Kamalpur,
P.S. Rahika, District- Madhubani
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Saroj Kumar
For the Respondent/s : Mr.Arvind Ujjwal -Sc4
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CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY
ORAL JUDGMENT
Date : 13-10-2025
1. The writ petition is filed for
the following reliefs:-
"For issuing a writ in the
nature of Mandamus and/or any
other appropriate writ order or
direction to the respondent to
consider the case of the petitioner
for selection as P.D.S. dealer for
Kakraul North Gram Panchayat, Block
Rahika, Sub-Division and District-
Madhubani who has been placed at
Sl.No. 6 in the final Merit list dated
Patna High Court CWJC No.24819 of 2018 dt.13-10-2025
2/5
28-9-18
illegally on the ground that
his cousin has flour mill whereas his
name was at Sl.no. 1 in the
provisional merit list and the person
placed at Sl. No. 2 in the said
provisional list was placed at Sl.No.1
and reason has been given in column
10,11 and 13 of the final merit list
and his name has been
recommended.
And further for a direction to
restrain the respondents not to
proceed with the matter."
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
Patna High Court CWJC No.24819 of 2018 dt.13-10-2025
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
Patna High Court CWJC No.24819 of 2018 dt.13-10-2025
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
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.
Patna High Court CWJC No.24819 of 2018 dt.13-10-2025
6. Taking into consideration that the
petitioner has an alternative remedy for filing
complaint/application, the writ petition is disposed of
with a direction to the petitioner to file
complaint/application within one 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 observations, the Writ
petition shall stand disposed of.
8. Interlocutory Application(s), if any, shall
stand disposed of.
(G. Anupama Chakravarthy, J)
vinita/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 16.10.2025
Transmission Date
