Patna High Court
Kavita JhaversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- A ABHISHEK REDDY
Holding
The writ petition is not maintainable as the petitioner has an alternative and efficacious statutory appeal under Clause 32(3) of the Bihar Targeted Public Distribution System (Control) Order, 2016.
Summary
Kavita Jha filed a civil writ petition challenging actions of the State of Bihar and its officials. The High Court observed that the petitioner has an alternative statutory remedy under Clause 32(3) of the Bihar Targeted Public Distribution System (Control) Order, 2016. Consequently, the Court declined to entertain the writ petition, directing the petitioner to file an appeal before the District Magistrate‑cum‑Collector of Muzaffarpur. The Court instructed that the appeal be filed within two weeks and that the authority give the petitioner a hearing and decide the matter within eight weeks. The writ petition was therefore disposed of without any substantive order on the merits.
Issues considered
- Whether a writ petition is maintainable when an alternative statutory appeal is available under Clause 32(3) of the Bihar Targeted Public Distribution System (Control) Order, 2016?
Legislation cited
- Bihar Targeted Public Distribution System (Control) Order, 2016 — s. Clause 32(3)
Subjects
- writ petition
- alternative remedy
- public distribution system
- administrative law
- jurisdiction
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.1104 of 2026
======================================================
Kavita Jha ,W/o Pankaj Kumar Jha, R/o Ward No. - 4, PWD Near Bhagwati
Asthan, Village- Jahangirpur, P.O.-Tehwara, Kotsa Barhbari, District-
Muzaffarpur.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary Food and Civil Supply
Dept Govt. of Bihar, Patna.
2. The District Magistrate Muzaffarpur.
3. The Sub-Divisional Officer, Muzaffarpur (East).
4. The District Supply Officer, Gayghat, Muzaffarpur.
5. The Block Development Officer, Gayghat, Muzaffarpur.
6. The Block Supply Officer, Gayghat, Muzaffarpur.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Prem Prakash Poddar, Adv.
For the Respondent/s : Mr.Government Pleader (20)
======================================================
CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY
ORAL ORDER
2 12-03-2026 Even though, the learned counsel appearing on behalf
of the petitioner has argued at length on merits of the case, this
Court is not inclined to entertain the present writ petition,
having regard to the facts that the petitioner has an alternative
and efficacious remedy of preferring a statutory appeal before
the District Magistrate-cum-Collector, Muzaffarpur, under
Clause 32(3) of the Bihar Targeted Public Distribution System
(Control) Order, 2016. The present writ petition is disposed of
directing the petitioner to approach the District Magistrate-cum-
Collector, Muzaffarpur (Respondent No. 2) by way of appeal
Patna High Court CWJC No.1104 of 2026(2) dt.12-03-2026
2/2
within a period of two weeks from today. On such appeal being
filed, the District Magistrate-cum-Collector, Muzaffarpur
(Respondent No. 2) shall consider the same on merits and pass a
reasoned orders in accordance with law.
2. It is needless to mention that before passing any
order, the authorities concerned shall give an opportunity of
hearing to the petitioner. The entire exercise shall be completed
as expeditiously as possible preferably within a period of eight
weeks from the date of filing of the appeal by the petitioner.
Any order passed shall be communicated to the parties.
3. Accordingly, the present writ petition stands
disposed of.
(A. Abhishek Reddy , J)
Bhardwaj/-
U
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