Created by Fuzzy Cloud

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

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
Patna High Court CWJC No.10849 of 2019 dt.23-06-2026
                                           2/5




                               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
Patna High Court CWJC No.10849 of 2019 dt.23-06-2026
                                           3/5




                               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
Patna High Court CWJC No.10849 of 2019 dt.23-06-2026
                                           4/5




         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
             Patna High Court CWJC No.10849 of 2019 dt.23-06-2026
                                                        5/5




                      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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.