Patna High Court
Rustam Hawari vs The State Of Bihar on 14 October, 2025
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.12313 of 2019
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Rustam Hawari Son of Isha Hawari, Resident of Village-Sisai (North Tola),
P.S. Goriakothi, District-Siwan.
... ... Petitioner/s
Versus
1. The State of Bihar through Principal Secretary, Food and Consumer
protection Department, Govt. of Bihar.
2. The Additional Secretary, Food and Consumer protection Department, Govt.
of Bihar.
3. The Joint Secretary, Food and Consumer Protection Department, Govt. of
Bihar.
4. The District Magistrate, Siwan
5. The Sub-Divisional Officer, (S,D,O.) Maharajganj, District Siwan.
6. The District Supply Officer, Siwan District-Siwan.
7. The Block Supply Officer, Goriakothi, District-Siwan.,
8. Ramesh Kumar Prasad Son of Bhola Mahto, Resident of Village-Sisai,
P.S.,Goriakothi, Distirct-Siwan.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Irshad Ahmad Khan
For the Respondent/s : Mr.S.Raza Ahmad (AAG-5)
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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:-
"(i) For issuance of appropriate
order or direction for quashing the
selection of private respondent no. 8 as
P.D.S. dealer of Village-Sisai of Goriakothi
Block, District Siwan in gross
discrimination to petitioner.
Patna High Court CWJC No.12313 of 2019 dt.14-10-2025
(ii) For issuance of an
appropriate writ, order or direction
commanding the respondents to grant
the P.D.S. dealership to the petitioner
who is the best qualified candidate for
the grant of P.D.S. dealership.
(iii) For issuance of an
appropriate writ order or direction for
grant of ad-interim stay of the operation
of P.D.S. dealership of the Village-Sisai
(Goriakothi) to the private respondent
during the pendency of this writ petition.
(iv) For grant of any other
appropriate writ order or direction which
your Lordships may deem fit and proper
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.
Patna High Court CWJC No.12313 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.12313 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.12313 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 16.10.2025
Transmission Date
