Patna High Court
Binod Kumar vs The State Of Bihar on 17 October, 2025
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.9469 of 2019
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Binod Kumar S/o Late Budhu Prasad Yadav @ Budhu Yadav R/o Vill Gohara,
P.O. Dumari Chatti, P.S. Fatehpur, District-Gaya.
... ... Petitioner/s
Versus
1. The State of Bihar through its Principal Secretary, Food and Civil Supplies
Department, Govt. of Bihar, Patna
2. The District Magistrate, Gaya.
3. The District Supply Officer, Gaya.
4. The Sub-Divisional Officer, Sadar Gaya, Distt.-Gaya
5. Arvind Kumar S/o Dev Nandan Prasad Yadav Resident of Donaiya, P.O.
Katara, P.S. Fatehpur, District-Gaya.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Shambhu Sharan Singh, Adv
For the Respondent/s : Mr.S. Raza Ahmad ( Aag5 )
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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:-
"I. For issuance of an
appropriate writ/writs, order/orders or
direction/directions to the Respondent
authorities to consider the case of the
petitioner and to allow application for
grant for license of Public Distribution
System in his favour because petitioner
has fulfilled all the criteria for the same
which was advertised by the SDO,
Sadar, Gaya in Advertisement No.
01/2017 in the light of Memo no. 963
dated 20/01/2016, memo No. 2342
dated 15/02/16 and, letter No. 1222
Patna High Court CWJC No.9469 of 2019 dt.17-10-2025
dated 8/03/17 of Food and Civil Supply
Department, Bihar, Patna (Annexure-3).
II. For a direction to the
respondent authorities to cancel the
selection of license according to the list
prepared and accordingly one Arvind
Kumar (name stand at Sl. No. 1) who
having 71.80% marks including ADCA
Qualification of computer (Annexure-2
series) was selected for obtaining
license of PDS is a complete violation of
the Public Distribution System (Control)
Order, 2016.
III. Any other order or orders to
which petitioner is legally 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
Patna High Court CWJC No.9469 of 2019 dt.17-10-2025
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
Targeted Public Distribution System (Control) Order,
2016.
Patna High Court CWJC No.9469 of 2019 dt.17-10-2025
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
authority. The delay in filing the complaint/
application shall be condoned by the authority
Patna High Court CWJC No.9469 of 2019 dt.17-10-2025
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
