Patna High Court
Md. AkbarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
Holding
The writ petition is dismissed as the petitioner has an alternative remedy under the Bihar Targeted Public Distribution System (Control) Order, 2016.
Summary
The petitioner, Md Akbar, filed a writ petition seeking a mandamus directing the State of Bihar officials to award him a licence for a fair‑price (PDS) shop, alleging that he satisfied the criteria advertised and that the authorities had selected an inferior candidate. The respondents contended that the Bihar Targeted Public Distribution System (Control) Order, 2016 provides a specific appeal and revision mechanism for aggrieved persons, rendering the writ petition inappropriate. The Court observed that the petitioner must first pursue the statutory remedy of filing a complaint/application before the Divisional Commissioner, as the District Magistrate, who heads the selection committee, cannot entertain an appeal against his own order. Although the petitioner claimed the limitation period for filing such a complaint had lapsed, the Court directed that the delay be condoned under Section 5 of the Limitation Act. Consequently, the writ petition was dismissed and the petitioner was ordered to file the statutory complaint within one month, with the authority to dispose of it within three months and to afford a fair hearing.
Issues considered
- Whether the writ petition is maintainable when an alternative statutory remedy exists under the Bihar Targeted Public Distribution System (Control) Order, 2016.
- Whether the limitation period for filing the statutory complaint can be condoned under 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
- writ of mandamus
- public distribution system
- licensing
- alternative statutory remedy
- limitation period
- administrative law
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.11855 of 2019
======================================================
Md. Akbar Son of Late Md. Namiruddin Resident of Village-Bhawanipur,
Police Station-Abadpur, District-Katihar.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, General Administration
Department, Government of Bihar, Patna.
2. The Principal Secretary, Food and Consumer Protection Department,
Government of Bihar, Patna.
3. The Joint Secretary, Food and Consumer Protection Department,
Government of Bihar, Patna.
4. The Divisional Commissioner, Purnea Division, Purnea.
5. The District Magistrate, Katihar.
6. The Sub-Divisional Officer, Katihar.
7. The Block Supply Officer, Block-Barsoi, District-Katihar.
8. Md. Saddam Hussain Son of Md. Basiruddin Resident of Village-
Bhawanipur, Police Station-Abadpur, District-Katihar.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Md. Rahmatullah
For the Respondent/s : Mr.S. Raza Ahmad (Aag5)
======================================================
CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY
ORAL JUDGMENT
Date : 30-06-2026
1. The Writ petition has been filed for the
following reliefs:
”I. For issuance of writ of
mandamus or any other appropriate
writ, order, orders, direction
commanding the respondent
authorities to select the petitioner
granting licence for P.D.S. shop who
is deserving candidate in terms of
Patna High Court CWJC No.11855 of 2019 dt.30-06-2026
2/5
advertisement for same cancelling
the selection of the private
respondent granting licence for
P.D.S. shop who are inferior
candidate and not fulfilling criteria
that the petitioner in merit as term
and condition laid down in the
advertisement.
II. For grant of any other
relief or reliefs for which the
petitioner may be entitled, deemed
fit and proper 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. 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
Patna High Court CWJC No.11855 of 2019 dt.30-06-2026
3/5
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.11855 of 2019 dt.30-06-2026
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
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
Patna High Court CWJC No.11855 of 2019 dt.30-06-2026
5/5
dispose of the same within three months from the
date of filing of the same. It is needless to mention
that before passing any order the petitioner should
be given a fair opportunity for hearing.
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)
Shanu/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date
Transmission Date NA
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.