Patna High Court
Arun Kumar Das vs The State Of Bihar on 16 October, 2025
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.12661 of 2019
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Arun Kumar Das, Son of Late Babulal Das, resident of Milik Garbhudih, P.S.-
Amdanda, District- Bhagalpur.
... ... Petitioner/s
Versus
1. The State of Bihar through Principal Secretary, Department of Food and
Consumer Protection, Government of Bihar, Patna.
2. The District Magistrate-cum-Chairman of District Level Selection
Committee, Bhagalpur.
3. The Sub-Divisional Officer-cum-Licensing Authority, Bhagalpur Sadar,
District- Bhagalpur.
4. The Block Supply Officer, Sanhaula, District- Bhagalpur.
5. Khushbu Kumari, Wife of Arbind Kumar Singh, resident of Village-
Amdanda, Block- Sanhaula, P.S.- Amdanda, District- Bhagalpur.
6. Lalit Narayan Singh, Son of Shiv Prasad Singh, resident of Malgar Gudih
Amdanda, Block- Sanhaula, P.S.- Amdanda, District- Bhagalpur.
7. Piko Kumari, Wife of Babulal Singh, resident of Village- Yaderampur, P.S.-
Amdanda, Block- Sanhaula, District- Bhagalpur.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Pravina Kumari, Advocate
For the Respondent/s : Mr.S. Raza Ahmad ( Aag5 )
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CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY
ORAL JUDGMENT
Date : 16-10-2025
1. That a writ in the nature of certiorari
setting aside the selection of private respondents
No.5 to 7 as P.D.S. dealer under Panchayat-Amdanda
under Block-Sanhaula, District- Bhagalpur ignoring
the valid claim of the petitioner whose name was
mentioned at Sl. No. 1 in the provisional merit list
considering the eligibility criteria but in the final
Patna High Court CWJC No.12661 of 2019 dt.16-10-2025
selection list private respondents No. 5 to 7 have
been shown at serial No. 3, 5 & 7 to be selected by
way of making amendment in provisional merit list
ignoring the B.A. (Hons.) marks sheet, reservation
which is palpably illegal in eye of law.
(I) For a direction upon the
respondent concern to select and grant
license of P.D.S. dealer that the petitioner
is belongs to scheduled caste category
belonging to below poverty line as well as
possessing all educational qualification
also and his name was included at Sl. No.
1 in the provisional merit list.
(ii) For further direction to not
allow the private respondent No. 5 to 7 to
lift the food stuffs attached with the
concern P.D.S. shop till disposal of the
present writ application.
(iii) Any other order/orders for
granting any other relief/reliefs for which
the petitioner is found entitled 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
Patna High Court CWJC No.12661 of 2019 dt.16-10-2025
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.
(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
Patna High Court CWJC No.12661 of 2019 dt.16-10-2025
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.
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.12661 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 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
