Patna High Court
Indu DeviversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
Holding
The writ petition is dismissed, and the petitioner is directed to pursue the alternative remedy before the Divisional Commissioner.
Summary
Indu Devi, claiming to be the widow of a deceased PDS dealer, was initially selected on compassionate grounds for a PDS licence by the District Selection Committee (DSC) on 4‑December‑2014. The DSC later reviewed and rejected her selection, stating she was not the dealer's wife and that the dealer died unmarried. She filed a writ petition challenging the DSC’s review and the Special Rationing Officer’s order, also seeking a direction to issue the licence. The Court observed that the Bihar Targeted Public Distribution System (Control) Order, 2016 provides an alternative remedy – an appeal to the District Magistrate and, if necessary, a revision before the Divisional Commissioner. Since the District Magistrate heads the DSC, he cannot entertain an appeal against his own order, and the petitioner must approach the Divisional Commissioner. The Court directed the petitioner to file a complaint/application within one month, with the delay condoned, and dismissed the writ petition.
Issues considered
- Whether the petitioner can challenge the DSC’s decision and the Special Rationing Officer’s order through a writ petition despite the existence of an alternative remedy under the Bihar TPD System (Control) Order, 2016.
- Whether the limitation period for filing the alternative remedy 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
- PDS licence
- compassionate appointment
- District Selection Committee
- appeal
- revision
- alternative remedy
- limitation
- public distribution system
- writ petition
- administrative law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.13876 of 2019
======================================================
Indu Devi W/o Late Deepak Kumar Lal Resident of Village- Nandgola, Ward
No.17, P.S.- Malsalami, District- Patna, D/o Late Ramesh Saw and Mother
Chunni Devi, Resident of Sector 2, Market Dhurwa, P.S.- Jagarnathpur,
District- Ranchi (Jharkhand).
... ... Petitioner/s
Versus
1. The State of Bihar through Secretary Food and Consumer Protection
Department, Old Secretariat, Patna.
2. The District Selection Committee through its Chairman-cum-Collector,
Patna.
3. The Special Rationing Officer, Patna.
4. The A.D.M. Supply, Patna.
5. The Deputy Rationing Officer, Patna.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Vijay Anand
For the Respondent/s : Mr.S.Raza Ahmad (Aag5)
======================================================
CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA
CHAKRAVARTHY
ORAL ORDER
3 06-07-2026 1. The present Writ petition is filed for the
following reliefs:-
(i) For Challenging the
of the part proceeding of
meeting of District Selection
Committee under the
Chairmanship of District
Magistrate Patna on 21.4.2015
contained in Memo No.5
whereby and whereunder the
decision of selection of
Petitioner on compassionate
basis in a meeting of District
Selection Committee dated
4.12.2014 was review on a
Patna High Court CWJC No.13876 of 2019(3) dt.06-07-2026
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ground thatshe was not the wife
of deceased PDS dealer Deepak
Kumar Lal and further her
application of compassionate
appointment is rejected.
(ii) Challenging the
order dated 10.05.2015 passed by
Special Rationing Officer Patna
fully contained in Memo No. 768 in
response to the meeting of District
Selection Committee dated
4.4.2015 by which the petitioner
who have been selected on
compassionate ground in a
meeting dated 4.12.2014 her
selection on compassionate
appointment was review and
further decision by the District
Selection Committee το her reject
application on the ground, the
enquiry conducted by In-charge
marketing officer wide letter no.70
showing deceased Deepak Kumar
Lal died in unmarried status.
(iii) Further issue a
direction to the respondent to
issued a PDS License in favour
of petitioner in terms of
meeting of District Selection
Committee dated 04.12.2014.
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
Patna High Court CWJC No.13876 of 2019(3) dt.06-07-2026
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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 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
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Bihar Targeted Public Distribution System (Control)
Order, 2016.
4. The remedy available under the Act is to
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
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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)
aryan/-
U
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