Patna High Court
Raj Kumar Sah vs The State Of Bihar on 17 October, 2025
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.17757 of 2019
======================================================
Raj Kumar Sah Son of Late Panna Lal Resident of Village and P.O.- Sihaul
via Panchgachia, P.S.- Bihra, Block- Sattar Katyya, District- Saharsa.
... ... Petitioner/s
Versus
1. The State of Bihar Through the Chief Secretary, Bihar, Patna.
2. The Principal Secretary General Administrative Department, Government of
Bihar, Patna.
3. The Principal Secretary Food and Consumer Protection Department,
Government of Bihar, Patna.
4. Assistant Secretary Food and Consumer Protection Department,
Government of Bihar, Patna.
5. Additional Secretary Food and Consumer Protection Department,
Government of Bihar, Patna.
6. Joint Secretary Food and Consumer Protection Department, Government of
Bihar, Patna.
7. Deputy Secretary Food and Consumer Protection Department, Government
of Bihar, Patna.
8. Divisional Commissioner Koshi Division, Saharsa.
9. District Magistrate Saharsa.
10. Sub- Divisional Officer Sadar, Saharsa.
11. Anup Kumar Son of Sri Sushil Kumar Resident of Village and P.O.- Sihaul,
Ward no.- 12, Panchayat- Sihaul, Block- Sattar Katyya, Sub- Division-
Sadar, District- Saharsa.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Dr. Pankaj, Advocate
For the Respondent/s : Mr.S.Raza Ahmad (Aag5)
======================================================
CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY
ORAL JUDGMENT
Date : 17-10-2025
1. The present Writ petition is filed for the
following reliefs:-
"I. For quashing the letter no.
999-2 dated 09.05.2019 (Annexure-11)
Patna High Court CWJC No.17757 of 2019 dt.17-10-2025
2/5
and letter no-1738-2 dated08.07.2019
(Annexure-12) in pursuance to the
Advertisement dated 02.01.2018, where
ever the District Selection Committee
issued the license for Public Distribution
Shop (PDS) to a hadicapped person i.e.
Respondent No.-11 for Sihaul Panchayat
who was named at third position in the
merit list published on dated 08.09.2018.
II. to issue license for Public
Distribution Shop in favor of the
petitioner for Block- Sattar Katyya, Sihaul
Panchayat, District Saharsa under
Unreserved category.
III. To cancel the license issued on
08.02.2019
of PDS (Annexure-10) of the
Respondent No.-11.
IV. To grant any other relief(s) the
petitioner is entitled for."
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
Patna High Court CWJC No.17757 of 2019 dt.17-10-2025
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
Divisional Commissioner. The revision
shall be disposed of within two months.
Patna High Court CWJC No.17757 of 2019 dt.17-10-2025
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.
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.17757 of 2019 dt.17-10-2025
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 17.10.2025
Transmission Date N/A
