Patna High Court
Foolmati Kumari vs The State Of Bihar on 15 October, 2025
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.12159 of 2019
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Foolmati Kumari wife of Sri Radhe Shyam Das, resident of Village- P.O.-
Tararh Gram Panchayat Maudiha, P.S.- Nokha District- Rohtas at Sasaram.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary Department of Food and
Consumer Protection, Govt. of Bihar, Patna.
2. The District Magistrate, Rohtas at Sasaram.
3. The District Magistrate Cum Chairman, District Level Selection Committee,
Rohtas at Sasaram.
4. The Sub - Divisional Officer Sasaram, District - rohtas at Sasaram.
5. Anita Devi wife of Sri Laljee Paswan resident of village Kushanhi, P.O.-
Sisirata, Gram Panchayat Maudiha Block Nokha, District- Rohtas at
Sasaram
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Raghunandan Kumar Singh, 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
issuance of an appropriate writ(s), order(s), or
direction (s) to the respondents for quashing the part
of the list dated 25.10.2018 in respect of the
Respondent No. 5 appeared at Sl. No. 18 by which
the name of the Respondent No.5 has been
recommended after selection for licencee of the
Public Distribution system (hereinafter referred as
P.D.S.) dealership under the gram Panchayat Raj
Patna High Court CWJC No.12159 of 2019 dt.15-10-2025
Maudiha of Block Nokha within the district of Rohtas
and further to recommend the name of the
petitioner in place of Respondent No. 5 since the
petitioner is mere qualified as well as equipped with
computer training.
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."
Patna High Court CWJC No.12159 of 2019 dt.15-10-2025
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.
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
Patna High Court CWJC No.12159 of 2019 dt.15-10-2025
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
complaint/application within two months from the
date of receipt of this order before the concerned
authority. The delay in filing the
Patna High Court CWJC No.12159 of 2019 dt.15-10-2025
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 18.10.2025
Transmission Date N/A
