Patna High Court
Neetu Kumari vs The State Of Bihar on 14 October, 2025
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.15027 of 2019
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Neetu Kumari Wife of Avinash Kumar Resident of Village- Rajwara, P.O.-
Kadamwa, Panchayat- Kadamwa, Ward No-02, P.S.- Ghorasahan, District-
East Champaran.
... ... Petitioner/s
Versus
1. The State of Bihar through Principal Secretary, Department of Food and
Civil Supply, Govt. of Bihar.
2. The Commissioner, Tirhut Division, Muzaffarpur.
3. The District Magistrate, East Champaran at Motihari.
4. The District Supply Officer, East Champaran at Motihari.
5. The Sub Divisional Officer, Sikrahana, District- East Champaran.
6. The Block Development Officer, Ghorasahan, District- East Champaran.
7. The Marketing Officer, Ghorashan, District- East Champaran.
8. Renu Kumari Wife of Hari Narayan Prasad Resident of Village and Post-
Kadamawam, P.S.- Ghorasahan, District- East Champaran.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Asif Kalim, Adv.
For the Respondent/s : Mr. S.Razaj Ahmad (SC-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:-
"(A) For issuance of an
appropriate writ, order or direction for
setting aside the Memo No. 122 dated
28.11.2018
, whereby and where under
direction was given for issuance of
licence for running PDS shop under Bihar
Patna High Court CWJC No.15027 of 2019 dt.14-10-2025
Targeted Public Distribution Syste
(Control) Order, 2016 to the selected
candidates so far it relates to the private
respondent No. 8.
(B) For issuance of an
appropriate writ, order or direction for
setting aside the selection list approved
by the District Selection Committee in the
meeting dated 02.11.2018 so far it
who are selected illegally for running PDS
Shop in Kadamwa Panchayat withing the
Ghorasahn block within Sikrahana Sub-
Division of District East Chamapran.
(C)For issuance of an appropriate
writ order or direction to the respondent
to produe the PDS license issued in
favour of the Respondent NO. 8 and then
cancel the same since the same is
illegally issued in favour of the
respondent No. 8.
(D) For any other relief or reliefs
for the petitioner is entitled in the opinion
of this Hon'ble High Court.
2. At this juncture, the Learned counsel for
the respondents contended that Section 32(iii) of the
Bihar Targeted Public Distribution System (Control)
Patna High Court CWJC No.15027 of 2019 dt.14-10-2025
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 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
Patna High Court CWJC No.15027 of 2019 dt.14-10-2025
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
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
Patna High Court CWJC No.15027 of 2019 dt.14-10-2025
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
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. It is needless to mention that
before passing any order the petitioner should be
given a fair opportunity for hearing.
7. With the above said observation, the Writ
petition is disposed of.
Patna High Court CWJC No.15027 of 2019 dt.14-10-2025
8. Interlocutory Application(s), if any, shall
stand disposed of.
(G. Anupama Chakravarthy, J)
Manish/-
AFR/NAFR NAFR
CAV DATE N/A
Uploading Date 16.10.2025
Transmission Date
