Patna High Court
Jameela Khatoon @ Jamila Khatun vs The State Of Bihar on 22 September, 2025
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.8040 of 2019
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Jameela Khatoon @ Jamila Khatun D/o Md. Harun Ansari R/o Village-
Bahadurpur, P.S. Vidyapati Nagar (Ghatho O.P.), District-Samastipur
... ... Petitioner/s
Versus
1. The State of Bihar through the Secretary, Department of Food and Consumer
Protection, Govt. of Bihar, Patna
2. The Chairman District Selection Committee, Public Distribution System-
cum-Collector, Samastipur
3. The District Selection Committee Public Distribution System, Samastipur
through its Secretary, the District Supply Officer, Samastipur
4. The Licensing Authority Public Distribution System-cum-Sub Divisional
Officer, Dalsingsarai, District-Samastipur
5. The Assistant District Supply Officer Dalsingsarai, District-Samastipur
6. The Block Supply Officer Vidyapati Nagar, District-Samastipur
7. Priyanka Kumari Wife of Pankaj Kumar R/o Village-Kancha, P.S.-Vidyapati
Nagar (Ghatho O.P.), District-Samastipur
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Suneil Kumar Thakur
For the Respondent/s : Mr.S.Raza Ahmad (AAG-5)
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CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY
ORAL JUDGMENT
Date : 22-09-2025
1. The writ petition is filed for the following
reliefs:-
"For issuance of a writ in the
nature of certiorari for quashing of the
panel of selection for issuance of licence
of dealership to run and operate Public
Distribution shop as contained in Memo
No.213/S dated 18.02.2019 issued by
Patna High Court CWJC No.8040 of 2019 dt.22-09-2025
under the signature of the Chairman,
District Selection Committee-cum-
Collector, Samastipur so far as it relates
to the unit extremely backward class
female for Gram Panchayat Raj Kancha
under Block- Vidyapati Nagar in the
District of Samastipur (said post for
short) and further for issuance of a
consequential writ in the nature of
mandamus commanding and directing
the respondents authorities to declare
the petitioner as selected one and
thereby to issue a licence for dealership
to the said post in favour of the
petitioner, and/or be pleased to grant
such other relief/relies for which the
petitioner may be found legally entitled
to 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
Section 32(vi) of the Bihar Targeted Public
Distribution System (Control) Order, 2016 provides
for the provision of revision.
Patna High Court CWJC No.8040 of 2019 dt.22-09-2025
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
Patna High Court CWJC No.8040 of 2019 dt.22-09-2025
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.8040 of 2019 dt.22-09-2025
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 one 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 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 observations, the Writ
petition shall stand disposed of.
8. Interlocutory Application(s), if any, shall
stand disposed of.
(G. Anupama Chakravarthy, J)
vinita/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 24.09.2025
Transmission Date
