Patna High Court
Soni Kumari vs The State Of Bihar on 15 October, 2025
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.15803 of 2019
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Soni Kumari Wife of Ajay Yadav @ Ajay Kumar Resident of Village- Kaijari,
W- 4, P.S.- Beldaur, District- Khagaria.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Food and Consumer
Protection Department, Government of Bihar, Patna.
2. The District Magistrate, Khagaria.
3. The Additional Collector, Khagaria.
4. The Sub Divisional Officer-cum-District Supply Officer, Khagaria.
5. The Zila Co-operative Officer, Khagaria.
6. Soni Kumari Wife of Roushan Kumar Resident of Village- Kaijari, P.S.-
Beldaur, District- Begusarai.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Randhir Kumar No.1
For the Respondent/s : Mr. S.Raza Ahmad (AAG-5)
Mr. SK Thakur, Adv.
Mr. Aditya Kr. Pandey, Adv.
Mr. Srinath Prasad, Adv.
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CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY
ORAL JUDGMENT
Date : 15-10-2025
1. The writ petition is filed for the following
reliefs:-
"(i). For issuance of a Writ in the
nature of Certiorari to quash the decision
of the District Selection Committee dated
10.07.2019
by which rejecting the
application of petitoner for grant of
license Public Distribution System Shop,
and one Soni Kumari, wife of Raushan
Patna High Court CWJC No.15803 of 2019 dt.15-10-2025
Kumar, has been selected for grant of
said license.
(ii) For issuance of writ in the
nature of Certiorari to quash only that
part of the decision of District Selection
Committee dated 18.12.2018 by which
application of the petitioner has been
rejected only on the basis of objection of
Respondent No. 6 (Soni Kumari wife of
Roushan Kumar) and further decision has
been taken to select the candidate on the
basis of fresh advertisement.
(iii) For issuance of Writ of
Mandamus and or any other writ, order or
direction directing and commanding the
respondents to uphold and implement
that part of the decision of the District
Selection Committee dated 18.12.2018
by which the petitioner has been shown
as "selection" for grant of license of PDS
Shop.
(iv) For issuance of writ, order or
direction directing and commanding the
respondents to consider the claim and
grievance of the petitioner by taking into
consideration all the material and
documents available with him for grant of
license of PDS Shop.
Patna High Court CWJC No.15803 of 2019 dt.15-10-2025
(v) For issuance of Writ, order or
direction to stay/not to implemnt the
decision of the District Selection
Committee dated 10.07.2019 during
pendency of the Writ application."
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 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
Patna High Court CWJC No.15803 of 2019 dt.15-10-2025
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
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
Patna High Court CWJC No.15803 of 2019 dt.15-10-2025
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
with a direction to the petitioner to file
complaint/application within two months 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
Patna High Court CWJC No.15803 of 2019 dt.15-10-2025
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.
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
