Patna High Court
Santosh KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
Holding
The writ petition is dismissed as the petitioner must pursue the alternative remedy provided under the Bihar Targeted Public Distribution System (Control) Order, 2016.
Summary
Santosh Kumar filed a writ petition seeking a mandamus directing the authorities to allot a fair price shop to him and cancel the allotment made to Sanjay Kumar. The respondents argued that the Bihar Targeted Public Distribution System (Control) Order, 2016 provides a specific appeal and revision mechanism for aggrieved persons. The court held that the petitioner has an alternative statutory remedy and therefore the writ petition is not maintainable. The petitioner was directed to file a complaint/application before the Divisional Commissioner within one month, with the delay to be condoned, and the authority to dispose of it within three months. The writ petition was consequently disposed of.
Issues considered
- Whether a writ petition seeking mandamus is maintainable when an alternative remedy under the Bihar Targeted Public Distribution System (Control) Order, 2016 exists
- Whether the limitation period for filing the statutory complaint can be condoned under Section 5 of the Limitation Act
Legislation cited
- Bihar Targeted Public Distribution System (Control) Order, 2016 — s. 32(iii), 32(v), 32(vi)
- Limitation Act — s. 5
Subjects
- fair price shop
- public distribution system
- mandamus
- alternative statutory remedy
- limitation
- administrative law
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.10849 of 2019
======================================================
Santosh Kumar Son of Daresh Rai R/o Village-Sahila Rampur, P.S.-Hathauri,
Panchayat Sahila Rampur, Prakhand Bochahan, District-Muzaffarpur
... ... Petitioner/s
Versus
1. The State of Bihar
2. Principal Secretary Food and Consumer Protection Department, Govt. of
Bihar, Patna
3. Additional Secretary Food and Consumer Protection Department, Govt. of
Bihar, Patna
4. District Magistrate Muzaffarpur
5. District Supply Officer Muzaffarpur
6. Sub Divisional Officer Muzaffarpur East District-Muzaffarpur
7. Block Development Officer Bochahan, District-Muzaffarpur
8. Block Supply Officer Bochahan, District-Muzaffarpur
9. Sanjay Kumar S/o Lal Babu Rai R/o Village-Sahila Rampur, P.S. Hathauri,
District-Muzaffarpur
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Arun Kumar, Adv.
For the Respondent/s : Mr.Arvind Ujjwal (Sc4)
======================================================
CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY
ORAL JUDGMENT
Date : 23-06-2026
1. The present Writ petition is filed for the
following reliefs:-
“A. to issue a writ of
Mandamus or any other writ or
writs, direction or directions,
commanding upon the
respondents to allot the fair price
shop under Panchayat Sahila,
Ramput P.s. Hathauri District
Muzaffarpur in the name of the
petitioner whose name stands in
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serial No. 1 in merit list and to
cancel the allotment of fair price
shop in the name of Respondent
No. 9 namely Sanjay Kumar whose
name stands in serial No. 4 in the
merit list is not recommended for
allotment of fair price shop of
Panchayat Sahila Rampur who has
not computer knowledge, as well
as his mother is Panchayat Sevika
member and his father is
employee in Railway.
B. To stay the allotment
order in the name of respondent
No. 9 till the final order passed by
this Hon’ble Court.
C. To pass any such other
order or orders as this Hon’ble
Court think fit and proper.”
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
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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.
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
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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 one month from the
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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 23.06.2026.
Transmission Date
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