Dharmendra Kumar vs The State Of Bihar
2025 Latest Caselaw 4213 Patna

Patna High Court

Dharmendra Kumar vs The State Of Bihar on 17 October, 2025

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                   Civil Writ Jurisdiction Case No.17120 of 2019
     ======================================================
     Dharmendra Kumar Son of Bharat Ram, R/o Village- Rajpur, P.S.
     Bhagwanpur, District- Kaimur at Bhabua.
                                                              ... ... Petitioner/s
                                        Versus
1.    The State of Bihar through Special Secretary of Food and Consumer
      Protection Department, State of Bihar, Patna.
2.   The District Magistrate Cum President of District Selection Committee,
     Kaimur at Bhabua.
3.   The District Supply Officer, Kaimur at Bhabua.
4.   The Sub Divisional Officer, Bhabua, District Kaimur at Bhabua.
5.    The Block Supply Officer, Bhagwanpur, Kaimur at Bhabua.
                                                           ... ... Respondent/s
     ======================================================
     Appearance :
     For the Petitioner/s    :     Mr.Ashutosh Tripathy, Adv
     For the Respondent/s    :     Mr.Arvind Ujjwal (Sc4)
     ======================================================
     CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY

     ORAL JUDGMENT
     Date : 17-10-2025

                            1. The Writ petition is filed for the

     following reliefs:-

                              1.   For     issuance      of    an
                     appropriate      writ/order/direction      to
                     quash the letter No. 692 dated
                     19.09.2018

issued by District Magistrate-Cum-President of District Selection Committee, Kaimur at Bhabua by which, he has alloted to PDS shops pertaining to Bhagwanpur Block, District- Kaimur which was mentioned at Sl. No. 25 of the selection list.

1/A. That the petitioner further prays for issuance of any other appropriate writ/order/direction upon the respondent authorities to consider the case of the petition for issuance of license for PDS against the U/R Kota. Patna High Court CWJC No.17120 of 2019 dt.17-10-2025

1/B. That the petitioner further prays for issuance of any other appropriate writ/order/direction to which, he is found entitled to.

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- Patna High Court CWJC No.17120 of 2019 dt.17-10-2025

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

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 Patna High Court CWJC No.17120 of 2019 dt.17-10-2025

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.

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