Patna High Court
Lakshman Kumar @ Lakshman Singh vs The State Of Bihar on 23 September, 2025
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.8434 of 2019
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Lakshman Kumar @ Lakshman Singh S/o Rohit Kumar Singh Yadav
Resident of Londa, Panchayat, Dumrava Block-Adhaura, P.S. Adhaura
District Kaimur at Bhabua
... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary Govt. of Bihar
2. The District Magistrate, kaimur at Bhabua
3. The District Supply Officer, Kaimur at Bhabua.
4. The Sub-Divisional Officer Kaimur at Bhabua.
5. The Block Supply Officer Adhaura, Kaimur at Bhabua
6. Sudama Kumar Singh S/o Shivmurat Singh Resident of Village- Dumrava
Panchayat Dumrava P.S. Adhura Block-Adhaura District Kaimur at Bhabua
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Uday Pratap Singh, Advocate
For the Respondent/s : Mr.S. Raza Ahmad (Aag5)
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CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY
ORAL JUDGMENT
Date : 23-09-2025
1. The writ petition is filed for the following
reliefs:
"I. For issuance of writ in the
nature of Certiorari or any other
appropriate writ for setting aside
appointment of P.D.S. dealer to the
private respondent with regard to
Panchayat Dumrava, Block Adhaura,
District Kaimur at Bhabhua to the private
Respondent No. 6.
Patna High Court CWJC No.8434 of 2019 dt.23-09-2025
II. For issuance of writ in the
nature of Mandamus or any other
appropriate writ, direction to the
respondent to authority to appointment
of petitioner as a P.D.S. dealer with
regard to Panchayat Dumrava Block
Adhaura Sub division Bhabhua, Kaimur.
III. For issuance of any other
appropriate writ for which petitioner is
other wise entitled in the eye of law."
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
Patna High Court CWJC No.8434 of 2019 dt.23-09-2025
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.
4. The remedy available under the Act is to
prefer an appeal before the District Magistrate. As
Patna High Court CWJC No.8434 of 2019 dt.23-09-2025
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 one month from the
date of receipt of this order before the concerned
Patna High Court CWJC No.8434 of 2019 dt.23-09-2025
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)
amitkr/-
AFR/NAFR NAFR
CAV DATE N/A
Uploading Date 24.09.2025
Transmission Date N/A
