Patna High Court
Ghanshyam Kumar vs The State Of Bihar on 16 October, 2025
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.9999 of 2019
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Ghanshyam Kumar Son of Late Rama Nand Mehta Resident of Village-
Bishanpur, P.O.-Thardhi Bhawanipur, P.S.-Pipra Bazar, District-Supaul.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Department of Food and
Civil Supplies, Government of Bihar, Patna.
2. The Principal Secretary, Department of Food and Civil Supplies,
Government of Bihar, Patna.
3. The Commissioner, Koshi Division, Saharsa.
4. The District Level Selection Committee through its Chairman, the District
Magistrate, Supaul.
5. The District Magistrate, Supaul.
6. The District Supply Officer-cum-Secretary, District Level Committee,
Supaul.
7. The Sub-Divisional Officer, Sadar, District-Supaul.
8. The Block Supply Officer, Pipra, District-Supaul.
9. Meena Devi W/o Sri Phul Kumar Mehta Resident of Village-Bishanpur,
P.O.-Thardhi Bhawanipur, P.S.-Pipra, District-Supaul.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Amrit Abhijat, Advocate
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 present Writ petition is filed for the
following reliefs:-
"I. To issue a writ in the nature of
certiorari setting aside the
recommendation at Serial No. 12 by
Screening Committee/ Selection
Committee dated 31.10.2018 contained
in Memo No. 917-2 issued by the District
Patna High Court CWJC No.9999 of 2019 dt.16-10-2025
2/6
Officer, Supaul cancelling the selection of
petitioner as P.D.S. dealer at roaster
point-113 and on the other hand
selecting Meean Devi 'Chairman Jeevika
Gram Sangathan" village-Bishanpur,
Panchayat-Thardhi Bhawanipur, Block-
Pipra, District Supaul with further prayer
to quash/set-aside rejection of selection
of petitioner at serial No.21 of said
resolution on the ground that Meena Devi
is Matriculate and Chairman of Self help
group, has to be selected.
II. To issue a writ in the nature of
certiorari setting aside the P.D.S.
dealership licence of Respondent No.9
Meena Devi issued in pursuance to
decision of selection committee dated
31.10.2018
contained in Memo No. 917-
20 (Annexure-7).
III. A mandamus directing and
commanding the Respondents to issue
P.D.S. dealership licence in favour of the
petitioner.
IV. Any other relief or reliefs, writ
or writs, direction or directions which this
Hon'ble Court may deem fit and proper in
the facts and circumstances may also be
granted."
Patna High Court CWJC No.9999 of 2019 dt.16-10-2025
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."
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.
Patna High Court CWJC No.9999 of 2019 dt.16-10-2025
(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
Committee he cannot review his orders in an appeal.
Therefore, the petitioner is directed to file a
complaint/application before the Divisional
Commissioner.
Patna High Court CWJC No.9999 of 2019 dt.16-10-2025
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
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.
Patna High Court CWJC No.9999 of 2019 dt.16-10-2025
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
