Patna High Court
Anjum Ara vs The State Of Bihar on 16 October, 2025
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.17929 of 2019
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Anjum Ara W/o Anisur Rahman Vill.- Pakri, P.s.- Ramnagar, Distt.- West
Champaran
... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna
2. The Chief Secretary Govt. of Bihar, Patna
3. The Principal Secretary General Administration Department, Govt. of Bihar,
Patna
4. The Principal Secretary Food and Consumer Protection Department, Govt.
of Bihar, Patna
5. The District Officer cum Collector Bettiah, West Champaran
6. The Sub- divisional Officer -cun- Licensing Authority Bagaha, West
Champaran
7. The District Supply Officer Bettiah, West Champaran
8. The Block Supply Officer Ramnagar Block, West Champaran
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Ram Kishun Prasad, Adv.
For the Respondent/s : Mr. Arvind Ujjwal (Sc4)
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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 direction to the Sub-
Divisional Officer-cum Licensing Authority
under the Public Distribution System
(PDS) Respondent No. 6 for disposal of
pending application for selection of PDS
Shop.
Patna High Court CWJC No.17929 of 2019 dt.16-10-2025
II. For considering the application
for petitioner who is fulfill all criteria for
requisition of Dealer in Sabya Panchayat
Block, Ram Nagar, District West
Chamnparan.
III. For any other relief/reliefs for
which the petitioner is found entitled in
the facts and circumstance s 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. 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.17929 of 2019 dt.16-10-2025
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.17929 of 2019 dt.16-10-2025
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.17929 of 2019 dt.16-10-2025
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. It is needless to mention that
before passing any order the petitioner should be
given a fair opportunity of 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 17.10.2025
Transmission Date
