Patna High Court
Noor SabaversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- A ABHISHEK REDDY
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
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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
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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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