Patna High Court
Phulena Yadav vs The State Of Bihar on 16 October, 2025
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.19129 of 2019
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Phulena Yadav S/o Nannulal Yadav Vill.- Badi Balia South Ward No. 6, P.s.
and P.o.- Balia, Distt.- Begusarai
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Deptt. of Food and
Consumer Protection, Bihar, Patna
2. The Additional Secretary Department of Food and Consumer Protection,
Patna
3. District Magistrate Begusarai
4. The Public Grievance Redressal Officer (PGRO) Begusarai
5. District Supply Officer Begusarai
6. S.D.O. Balia, Distt.- Begusarai
7. Block Supply Officer Balia, Distt.- Begusarai
8. District Co-operative Officer Begusarai
9. Subodh Kumar S/o Naval Kishor Rai Vill.- Badi Balia, South , P.s. and P.o.-
Balia, distt.- Begusarai
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Rajesh Sinha, Adv.
For the Respondent/s : Mr.Arvind Ujjawal ( 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:-
"(a) For quashing the selection of
respondent no. 9 who has been selected
for public distribution system dealership,
Badi Balia South, District - Begusarai, in
violation of the provisions of Bihar
Targeted Public Distribution System
(Control) Order, 2016.
Patna High Court CWJC No.19129 of 2019 dt.16-10-2025
(b). For issuance of writ of
Mandamus directing the respondents to
select the petitioner for the PDS
dealership with regard to the above
Panchayat i.e. Badi Balia South, District -
Begusarai.c. For staying the allotment of
the Fair Price Shop in the Panchayat Badi
Balia South, District Begusarai till the
pendency of the case.
(c) For staying the allotment of
the Fair Price Shop in the Panchayat Badi
Balia South, District Begusarai till the
pendency 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
Patna High Court CWJC No.19129 of 2019 dt.16-10-2025
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 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
Patna High Court CWJC No.19129 of 2019 dt.16-10-2025
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.
6. Taking into consideration that the petitioner
has an alternative remedy for filing
complaint/application, the Writ petition is disposed of
Patna High Court CWJC No.19129 of 2019 dt.16-10-2025
with a direction to the petitioner to file
complaint/application, raising all his grounds before the
concerned authority within two month from the date of
receipt of this order. 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)
AMANDEEP/-
AFR/NAFR NAFR
CAV DATE N/A
Uploading Date 17.10.2025.
Transmission Date
