Patna High Court
Sunita Kumari vs The State Of Bihar on 15 October, 2025
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.15822 of 2019
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Sunita Kumari W/o Sri Ram Bilash Yadav Resident of Mohalla Ward
No.04,Thadi Bhawanipur,PS Pipra,Dist.Supaul.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary,Department of Food Civil
Supplies,Govt. of Bihar,Patna
2. The Principal Secretary, Department of Food Civil Supplies,Govt. 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,Dist.Supaul.
8. The Block Supply Officer, Pipra,Dist.Supaul.
9. Rani Devi W/o Sunil Yadav Resident of Village Bishanpur,PO Thadi
Bhawanipur Via Pipra,Dist.Supaul,Secretary Utkarsh Jivika Gram Sangathan
Village Bishanpur,PO Thadi Bhawanipur,PS and Block Pipra,Dist.Suaul
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Amrit Abhijat, Adv.
For the Respondent/s : Mr. Arvind Ujjawal ( SC-4 )
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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:-
"(A. To issue a writ in the nature
of Certiorari setting aside the resolution
dated 25.10.2018 adopted by Selection
Patna High Court CWJC No.15822 of 2019 dt.15-10-2025
2/6
Committee/ Screening Committee
contained in Memo No. 917-2 dated
31.10.2018
(Annexure-6) by which the
PDS Dealership licence of Sunita Kumari
(petitioner) was cancelled and in her
placed it was recommended to issue PDS
Dealership licence to Rani Kumari and
also resolution adopted on 26.04.2019 by
the Selection Committee/Screening
Committee holding resolution dated
25.10.2018 valid and approving
resolution adopted on 25.10.2018
(Annexure-6).
(B. To issue a writ in the nature
of Mandamus commanding/directing the
Respondents to restore PDS Dealership
licence of petitioner forthwith.
(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
Patna High Court CWJC No.15822 of 2019 dt.15-10-2025
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
Divisional Commissioner. The revision
shall be disposed of within two months.
Patna High Court CWJC No.15822 of 2019 dt.15-10-2025
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
Patna High Court CWJC No.15822 of 2019 dt.15-10-2025
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
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.15822 of 2019 dt.15-10-2025
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
