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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

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
Patna High Court CWJC No.13876 of 2019(3) dt.06-07-2026
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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
          Patna High Court CWJC No.13876 of 2019(3) dt.06-07-2026
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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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