Patna High Court
Dipak ChoudharyversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- A ABHISHEK REDDY
Holding
The writ petition is dismissed, and the petitioner is directed to approach the Divisional Commissioner for a hearing on the grievance.
Summary
Dipak Choudhary filed a writ petition challenging the selection of Jitendra Kumar Thakur as a dealer under the Public Distribution System (PDS) by the State of Bihar. The petitioners alleged that the selection process was arbitrary and sought relief from the High Court. The Court, noting the amendment issued on 21 July 2022 to the Bihar Authority and Public Distribution System Control (II Amendment) Order, 2022, declined to examine the merits of the selection. Instead, it directed the petitioner to approach the Divisional Commissioner with a representation against the dealer's selection. The Divisional Commissioner was instructed to hear both parties, consider the grievance on its merits, and issue a reasoned order within four weeks. The writ petition was consequently disposed of without any substantive order on the merits.
Issues considered
- Whether the selection of the respondent No.5 as a PDS dealer violates the provisions of the Bihar Authority and Public Distribution System Control (II Amendment) Order, 2022.
- Whether the High Court should entertain the writ petition on its merits or direct the petitioner to an alternative administrative remedy.
Subjects
- Public Distribution System
- PDS dealer selection
- Writ petition
- Administrative remedy
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.13705 of 2022
======================================================
Dipak Choudhary S/o Sri Puran Choudhary, Resident of Mohalla- Sundarpur,
P.O. Sadar, P.S.- University, District- Darbhanga.
... ... Petitioner/s
Versus
1. The State of Bihar The Principal Secretary Food and Civil Supplies
Corporation Department, Bihar Patna.
2. District Magistrate, Darbhanga.
3. D.S.O., P.S-Sadar, Darbhanga.
4. S.D.O., P.S-Sadar, Darbhanga.
5. Jitendra Kumar Thakur Son of not known Resident of Village- Jale Latraha,
P.O. and P.S.- Jale, District- Darbhanga.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ratan Kumar Kumar, Advocate.
For the Respondent/s : Mr. Arvind Ujjwal ( SC 4 )
======================================================
CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY
ORAL ORDER
6 12-03-2026 Without going into the merits or demerits of the case,
having regard to the amendment issued by notification dated
21.07.2022 to the Bihar Authority and Public Distribution
System Control, IInd Amendment Order – 2022.
2. The present writ petition is disposed of with a
direction to the petitioner to approach the Divisional
Commissioner ventilating his grievance against a selection of
the Respondent No. 5 as a PDS dealer.
3. On such representation being made, the Divisional
Commissioner shall consider the same on its own merit duly
Patna High Court CWJC No.13705 of 2022(6) dt.12-03-2026
2/2
putting all the parties on notice and then passing a reasoned
order. The entire exercise shall be completed as expeditiously as
possible preferably within a period of 4 weeks from the date of
the receipt of the copy of the complaint/representation by the
petitioner.
4. It is needless to mention that before passing any
orders, the Divisional Commissioner shall give an opportunity
of hearing to the parties. Any order passed, shall be
communicated to the parties.
5. With the above directions, the present writ petition
stands disposed of.
(A. Abhishek Reddy, J)
shakir/-
U
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