Patna High Court
Minaxi Kumari vs The State Of Bihar on 15 October, 2025
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.12047 of 2019
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Minaxi Kumari W/o Surendra Mohan Singh R/o Village- Chak Sikandar, P.S.-
Tajpur, District- Samastipur.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Food and Civil Supply
Department Bihar at Patna.
2. The District Magistrate, Samastipur at Samastipur, Bihar.
3. The Sub-Divisional Officer, Samastipur Sadar at Samastipur, Bihar.
4. The District Supply Officer, Samastipur at Samastipur, Bihar.
5. The Block Supply Officer, Morawa, District- Samastipur, Bihar.
6. Sangita Kumari W/o Pramod Kumar Sahani R/o Chak Sikandar, P.S.- Tajpur,
District- Samastipur, Bihar.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Baxi S.R.P. Sinha, Sr. Advocate
: Mr. Ramendra Kumar Bharti, Advocate
For the Respondent/s : Mr.Arvind Ujjwal (Sc4)
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CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY
ORAL JUDGMENT
Date : 15-10-2025
1. The present Writ petition is filed for the
following reliefs:-
"I. The Notification dated
14.02.2019
issued by the District
Selection Committee Samastipur under
the Chairmanship of the District
Magistrate, Samastipur by which the
respondent No. 6(private respondent) has
been granted Licence for the Public
Distribution System Shop (on Serial No.
179) for the village Chak Sikandar under
Patna High Court CWJC No.12047 of 2019 dt.15-10-2025
the Morawa Block of District-Samastipur
be quashed.
II. The petitioner appearing in the
Merit List at the first position be granted
the Licence of the P.D.S. Shop at the
place of respondent no. 6.
III. During the pendency of the
writ application the operation of the
notification dated 14.02.2019 granting
Licence to the respondent No. 6 be
stayed."
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
Patna High Court CWJC No.12047 of 2019 dt.15-10-2025
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.
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.
Patna High Court CWJC No.12047 of 2019 dt.15-10-2025
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.
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
Patna High Court CWJC No.12047 of 2019 dt.15-10-2025
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.
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)
amitkr/-
AFR/NAFR NAFR
CAV DATE N/A
Uploading Date 17.10.2025
Transmission Date N/A
