Patna High Court
Sawaraj Lakshmi Mukhyamantri Nari ... vs The State Of Bihar on 14 October, 2025
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.12114 of 2019
======================================================
Sawaraj Lakshmi Mukhyamantri Nari Shakti Samooh through its President
Anita Devi through its President Anita Devi aged about 33 Years (F), Wife of
Late Ramesh Prasad, resident of Village-Malhari, P.S.-Imamganj, District-
Gaya.
... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna
2. The District Magistrate, Gaya.
3. The Sub-Divisional Officer, Gaya.
4. The District Food Supply Officer, Gaya.
5. Neha Kumari, Wife of Satyyendra Kumar, Resident of Village-P.O.-Malhari,
P.S.-Imamganj, District-Gaya.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mrs.Shama Sinha, Adv.
Mr. Surya Prakash, Adv.
For the Respondent/s : Mr.Arvind Ujjwal (Sc4)
======================================================
CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY
ORAL JUDGMENT
Date : 14-10-2025
1. The Writ petition is filed for the following
reliefs:-
"(i) To issue an appropriate
Writ/order/direction in the nature of
certiorari for quashing the selection of
respondent No. 5 as Fair Price Dealer
under the Public Distribution System in
pursuant to the memo No.
410/Supply/Sherghati/dated 21.09.2017
for Block Imamganj, Panchayat-Malhari,
Village-Majhauliya, who has been selected
illegally by suppressing the application of
petitioner Self Held Group.
Patna High Court CWJC No.12114 of 2019 dt.14-10-2025
(ii) To issue an appropriate
Writ/order/direction in the nature of
Mandamus commanding the respondents
to hold an enquiry into the irregularties
committed in the selection of the Fair
Price Dealers under the Public Distribution
system in pursuant to Memo No.
410/supply/Sherghati/dated 21.09.2017.
(iii) To any other relief or reliefs
for which the petitioner is found to be
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 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
Patna High Court CWJC No.12114 of 2019 dt.14-10-2025
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.12114 of 2019 dt.14-10-2025
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.12114 of 2019 dt.14-10-2025
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 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 15.10.2025
Transmission Date
