Patna High Court
Lal Kishore Paswan vs The State Of Bihar on 15 October, 2025
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.16199 of 2019
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Lal Kishore Paswan, Son of Nand Kishore Paswan, Resident of Village and
P.O.- Bela Simri, P.S.- Khagaria, District- Khagaria.
... ... Petitioner/s
Versus
1. The State of Bihar through Principal Secretary, Food and Consumer
Protection Department, Government of Bihar, Patna.
2. The Additional Secretary, Food and Consumer Protection Department,
Government of Bihar, Patna.
3. The Joint Secretary, Food and Consumer Protection Department,
Government of Bihar, Patna.
4. The Collector cum district Magistrate, Khagaria.
5. The District Officer cum Chairman District Selection Committee, Khagaria.
6. The District Supply Officer, Khagaria.
7. The Block Supply Officer, Khagaria, District- Khagaria.
8. The Sub-Divisional Officer (SDO), Khagaria.
9. The Block Development Officer (BDO), Khagaria, District- Khagaria.
10. Virender Vikram, Son of Ramchander Paswan, resident of Village- Simri
Bela, Block- Khagaria, District- Khagaria.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Rajesh Kumar Sharma, Adv.
For the Respondent/s : Mr. Arvind Ujjwal (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. For quashing or set aside the
selection of the private respondent No.
10 for grant of PDS shop licence under
Gram Panchayat Bela Simri,
Patna High Court CWJC No.16199 of 2019 dt.15-10-2025
Block+District Khagaria vide selection list
dated 10.07.2019 issued by the District
Supply Officer, Khagaria whereby and
whereunder the said respondent
authority without considering the
objection application dated 08.09.2018
filed by the petitioner or giving any
reasonable opportunity of hearing to
petitioner in most mechanical manner
made selection of private respondent No.
10 whose application form was rejected
and kept in category of unsuccessful
candidates.
B. For issuance of writ in nature
of mandamus for commanding and
directing the concern respondent
authority under Bihar Targeted PDS
(Control) Order, 2016 for grant and
issuance of PDS (Public Distribution
system) Shop Licence under Gram
Panchayat Bela, Simri, Block + District
Khagaria in favour of the petitioner in
terms of Rule & Regulations of Bihar
Targeted PDS (Control), 2016.
C. And for any other relief/reliefs
for which the petitioner is found to be
entitled under the provisions of law
involved in the present case."
Patna High Court CWJC No.16199 of 2019 dt.15-10-2025
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
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.
Patna High Court CWJC No.16199 of 2019 dt.15-10-2025
(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
complaint/application before the Divisional
Commissioner.
Patna High Court CWJC No.16199 of 2019 dt.15-10-2025
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
of the same within three months from the date of
filing of the same. It is needless to mention that
Patna High Court CWJC No.16199 of 2019 dt.15-10-2025
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
