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Patna High Court

Noor SabaversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court held that the petitioner must pursue the remedy before the Divisional Commissioner and therefore the writ petition is disposed.

Summary

The petitioner, Noor Saba, applied for a PDS shop licence under the Bihar Targeted Public Distribution System (Control) Order, 2016. The District Level Selection Committee rejected her application, citing a complaint lodged by respondent No.7, without conducting a proper inquiry, despite her submission of a family‑member certificate. She filed a writ petition seeking a certiorari to quash the committee’s decision and a mandamus directing issuance of the licence. The Court observed that the 2022 amendment to the BTPDS (Control) Order designates the Divisional Commissioner as the competent authority for hearing such grievances, providing an alternative and efficacious remedy. Consequently, the Court directed the petitioner to approach the Divisional Commissioner within four weeks and dismissed the writ petition. The matter was ordered disposed.

Issues considered

  • Whether the writ petition is maintainable when an alternative remedy under the Bihar Targeted Public Distribution System (Control) Second Amendment Order, 2022 is available
  • Whether the District Level Selection Committee’s decision can be set aside without a detailed inquiry into the alleged objection

Legislation cited

Subjects

  • PDS licence
  • selection committee
  • writ of certiorari
  • mandamus
  • alternative remedy
  • administrative law
  • Bihar
  • public distribution system

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.18899 of 2025
                 ======================================================
                 Noor Saba, Wife of Md Imran, Resident of Village Madhepur, Ward No. 09,
                 Sabzi Bazar, P.S. Madhepur, District Madhubani (Bihar).

                                                                              ... ... Petitioner/s
                                                     Versus

           1.    The State of Bihar through the Principal Secretary, Food and Consumer
                 Protection Department, Old Secretariat, Patna.
           2.    The Commissioner, Division - Darbhanga.
           3.    The District Magistrate cum Chairman of the district level selection
                 committee, Madhubani.
           4.    The District Supply Officer, Madhubani.
           5.    The Sub Divisional Officer, Jhanjharpur, Madhubani.
           6.    The Block Supply Officer, Madhepur, Madhubani.
           7.    Neha Kumari, W/O Naresh Mahto @ Pappu Kumar Mahto, Resident of
                 Village Pasitola Madhepur, Ward No. 11, P.S - Madhepur, District -
                 Madhubani (Bihar).

                                                                            ... ... Respondent/s

                 ======================================================
                 Appearance :
                 For the Petitioner/s   :        Mr.Kumar Gaurav, Adv.
                 For the Respondent/s   :        Mr.Government Pleader 17

                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY
                                       ORAL ORDER

2   28-01-2026                    Heard the learned counsels for the parties.

                               2. The present writ petition has been filed for the

                   following relief(s):-

                                            “A. To issue Writ of Certiorari for quashing
                                            or any Writ order to set aside the unspecified
                                            decision of the District level Selection
                                            Committee, Madhubhani & published final
                                            merit list contained therein Annexure -P/4
                                            under which only on the basis of
                                            hypothetical self manufactured & false
                                            objection raised by the Respondent No.7
Patna High Court CWJC No.18899 of 2025(2) dt.28-01-2026
                                           2/4




                                  The District Level Selection Committee,
                                  Madhubani came to the final outcome
                                  without going into the gravity of the fact &
                                  without further making any sort of enquiry
                                  about the fact of so called objection the
                                  selection committee taken final decision &
                                  the candidature of the petitioner has been
                                  rejected without any due course of valid
                                  inquiry contained therein Annexure- P/4
                                  whereas the petitioner has already submitted
                                  her family member certificate certified by
                                  the Circle Officer Madhepur was enclosed
                                  with application form during the course of
                                  the application invited for the same
                                  contained therein Annexure-P/2(Series).
                                  B. To issue a consequential Writ of
                                  Mandamus or any other appropriate Writ
                                  order directing the District Level selection
                                  Committee, Madhubani to consider the
                                  claim of the petitioner contained therein
                                  Annexure- P/5(Series) & directing the
                                  licensing authority cum S.D.O Jhanjharpur
                                  to issue a P.D.S license in the name of
                                  petitioner, as she is the only who is matching
                                  all the eligibility criteria & bonafide
                                  candidate to obtain the P.D.S.Shop license as
                                  per the vacancy notified under B.T.P.D.S
                                  (Control) Order, 2016.
                                  C. Any other relief or reliefs for which the
                                  petitioner may be found entitled in the fact
                                  and circumstances of the present case may
                                  be granted to him.”

                      3. 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 go into the same as the

          petitioner has an alternative and efficacious remedy of filing a
Patna High Court CWJC No.18899 of 2025(2) dt.28-01-2026
                                           3/4




          complaint before the Divisional Commissioner.

                        4. Learned counsel appearing on behalf of the

          respondents states that as per the amendment order Bihar

          Targeted      Public     Distribution       System   (Control)   Second

          Amendment Order, 2022, the Divisional Commissioner is the

          competent authority for disposing of any complaint or

          representation made by an aggrieved party.

                      5. Without going into the merits or demerits of the

          case, having regard to the fact that the petitioner has a remedy

          of filing a complaint before the Divisional Commission as per

          the amendment made vide notification dated 21.07.2022 under

          Bihar Targeted Public Distribution System (Control) Second

          Amendment Order, 2022. The petitioner is directed to approach

          the Divisional Commissioner ventilating his grievance against a

          selection of the Respondent No. 7 as a PDS dealer within a

          period of four weeks from the date of receipt of a copy of this

          order. On receipt of the complaint, the Divisional Commissioner

          shall pass orders strictly in accordance with law within a period

          of eight weeks thereof. It is needless to mention that before

          passing any order, all the parties shall be put on notice and given

          an opportunity of hearing, besides submitting their objections.

          Any order passed shall be communicated to the parties.
             Patna High Court CWJC No.18899 of 2025(2) dt.28-01-2026
                                                        4/4




                                   6. With the above direction, the present writ petition

                       stands disposed of.


                                                                 (A. Abhishek Reddy , J)
Bhardwaj/-

U


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