Patna High Court
Sangita Kumari vs The State Of Bihar on 14 October, 2025
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.12432 of 2019
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Sangita Kumari Wife of Sri Subodh Kumar Resident of Village- Laxminiya,
P.O.- Hardi, P.S.- Supaul, District- Supaul.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Department of Food and
Civil Supplies, Government of Bihar, Patna.
2. The Principal Secretary Department of Food and Civil Supplies,
Government of Bihar, Patna.
3. The Commissioner Koshi Division, Saharsa.
4. The District Level Selection Committee Through its Chairman, the District
Magistrate, Supaul.
5. The District Magistrate Supaul.
6. The District Supply Officer- cum- Secretary District Level Committee,
Supaul.
7. The Sub- Divisional Officer Sadar, District- Supaul.
8. The Block Supply Officer Supaul, District- Supaul.
9. Puja Kumari Wife of Sri Manoj Kumar Resident of Village- Laxminiya,
P.O.- Hardi, P.S.- Supual, District- Supaul.
10. Meena Kumari Wife of Subhash Kumar Resident of Village- Choughara,
P.O.- Hardi, P.S.- Supual, District- Supaul.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Amrit Abhijat
For the Respondent/s : Mr.S. Raza Ahmad (Aag5)
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CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY
ORAL JUDGMENT
Date : 14-10-2025
1. The writ petition is filed for
the following reliefs:-
"(A) To issue a writ in the nature
of certiorari setting aside the resolution
No.17 dated 25.10.18 adopted by
Selection Committee cancelling the
Patna High Court CWJC No.12432 of 2019 dt.14-10-2025
selection of petitioner as P.D.S. dealer at
roster point no. 63 and on the same time
selecting Respondent No.10 Meena
Kumari on the ground that she is
physically handicapped.
(B) To issue a writ in the nature
of mandamus commanding/directing the
Respondents to allot P.D.S. dealership
licence of petitioner either at roster
point of 61 (unreserved female) or roster
point no. 63 unreserved under Hardi
East Gram Panchayat, Block + District-
Supaul.
(C) Any other relief or reliefs,
writ or writs, direction or directions
which this Hon'ble Court may deem fit
and proper in the facts and
circumstances may also be granted."
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.
Patna High Court CWJC No.12432 of 2019 dt.14-10-2025
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 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
Patna High Court CWJC No.12432 of 2019 dt.14-10-2025
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
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.12432 of 2019 dt.14-10-2025
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 15.10.2025
Transmission Date
