Patna High Court
Ajay Kumar vs The State Of Bihar on 17 October, 2025
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.15205 of 2019
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Ajay Kumar Son of Sri Bhupendra Narayan Seth Resident of Village-Meha
Simar, P.O.-Singion, Block and P.S.-Kishanpur, 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-cum-First Appellate Authority 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 District Public Grievance Redressal Forum Supaul
8. The Sub-Divisional Grievance Redressal Officer Supaul
9. The Block Supply Officer Kishanpur, District-Supaul
10. Prem Kumar Kishan @ Shambhu Kumar @ Anand Kumar Gaurav Son of
Sri Ramadhin Sah Resident of Village and P.O.-Singion, P.S.-Kishanpur,
District-Supaul
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Amrit Abhijat, Adv.
For the Respondent/s : Mr.Arvind Ujjwal (Sc4)
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CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY
ORAL JUDGMENT
Date : 17-10-2025
1. The Writ petition is filed for the following
reliefs:-
"A) to issue a writ in the nature
of certiorari setting aside decision of
Selection Committee contained in
Memo No. 381-2 dated 8.5.2018 at
Serial No. 4 by which objection of
Patna High Court CWJC No.15205 of 2019 dt.17-10-2025
petitioner was rejected holding that the
resolution dated 31.10.18 contained in
memo No. 917-2 (Annexure-8) by which
Prem Kumar Kishan (Respondent No.
10) was recommended for issuance of
PDS dealership license is valid.
B) To issue a writ in the nature
of mandamus commanding/directing
the Respondents to issue PDS
dealership license in favour of
petitioner after making amendment in
merit list as petitioner ought to have
been selected since he is older to
Respondent No. 10 as per Rule 9(v) of
Bihar Targeted PDS (control) Order,
2016.
C) 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."
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
Patna High Court CWJC No.15205 of 2019 dt.17-10-2025
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 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.15205 of 2019 dt.17-10-2025
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 with a direction to the petitioner to file
complaint/application within two month from the
date of receipt of this order before the concerned
Patna High Court CWJC No.15205 of 2019 dt.17-10-2025
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)
AMANDEEP/-
AFR/NAFR NAFR
CAV DATE N/A
Uploading Date 17.10.2025
Transmission Date
