Patna High Court
Ranjana Kumari vs The State Of Bihar on 16 October, 2025
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.17124 of 2019
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Ranjana Kumari W/o Arvind Kumar, Resident of Village- Rajopur, P.O.
Katarmala, P.S . Dandari, District- Begusarai.
... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary, Govt. of Bihar, Old
Secretariat, Patna.
2. The District Magistrate, Begusarai.
3. The Sub- Divisional Officer, Balia, Begusarai.
4. The District Supply Officer, Begusarai.
5. The Selection Committee for grant of New License Under Public
Distribution System (Control) Order, 2016 through its Chairman, i.e. The
District Magistrate, Begusarai.
6. Nitish Kumar Sharma, Son of Mahendra Sharma, Resident of Village-
Rajopur, P.O. Katarmala, P.S. Dandari, District- Begusarai.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Arun Kumar
For the Respondent/s : Mr.Arvind Ujjwal (SC-4)
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CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY
ORAL JUDGMENT
Date : 16-10-2025
1. The writ petition is filed for the following
reliefs:-
"(i)For issuance of an
appropriate writ in the nature of
certiorari for quashing the decision of
the Selection Committee for grant of
New License under Public Distribution
System (Control) Order, 2016 held under
the chairmanship of the District
Patna High Court CWJC No.17124 of 2019 dt.16-10-2025
2/6
Magistrate, Begusarai dated 03.10.2018
as contained in Memo No. 545 dated
22.10.2018
by which the Private
Respondent namely Nitish Kumar
Sharma has been selected for grant of
license of Public Distribution System
Shop for Rajopur Panchayat under
Dandari Block in the District of
Begusarai against the General Vacancy.
(ii) For issuance of an
appropriate Writ in the nature of
Mandamus commanding the
Respondents to bring on record the said
order of license granted in favour of the
Respondent No. 6 and after production
of the same, a writ in the nature of
certiorari be issued quashing the same
as the decision taken by the selection
committee for selection of the private
respondent for PDS shop against
General category in Rajopur Panchayat
under Dandari block in the district of
Begusarai is wholly illegal, arbitrary, in
teeth of Bihar Targeted Public
Distribution System (Control) Order,
2016 and ignoring the merit list.
(iii) For issuance of an
appropriate Writ in the nature of
Mandamus commanding the
Patna High Court CWJC No.17124 of 2019 dt.16-10-2025
Respondents to produce the Merit list,
Publication List as prepared by the
Respondents for selection of PDS shop
against General category in Rajopur
Panchayat under Dandari block in the
district of Begusarai.
(iv) For issuance of an
appropriate writ in the nature of
Mandamus commanding the
Respondents to grant license for Public
Distribution Shop for Rajopur Panchayat
under Dandarai Block in the District of
Begusarai in favour of the petitioner, as
the petitioner is higher in the Merit than
the Respondent No. 6.
(v) For any other relief/s for
which the petitioner is entitled in the eye
of law in the facts and circumstances of
the case."
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.
Patna High Court CWJC No.17124 of 2019 dt.16-10-2025
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
Patna High Court CWJC No.17124 of 2019 dt.16-10-2025
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.
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.
Patna High Court CWJC No.17124 of 2019 dt.16-10-2025
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.
7. With the above said observations, the Writ
petition shall stand disposed of.
8. Interlocutory Application(s), if any, shall
stand disposed of.
(G. Anupama Chakravarthy, J)
vinita/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 17.10.2025
Transmission Date
