Patna High Court
Raman KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- A ABHISHEK REDDY
Holding
The writ petition is dismissed as the petitioner has an alternative remedy under the Bihar Targeted PDS (Control) Second Amendment Order, 2022.
Summary
The petitioner, Raman Kumar, filed a writ petition seeking mandamus for his appointment as a Public Distribution System (PDS) license holder, the quashing of the appointment of Smt. Shobha Kumari, and an inquiry into alleged irregularities in the selection process. The court noted that the petitioner has an alternative and efficacious remedy under the Bihar Targeted Public Distribution System (Control) Second Amendment Order, 2022, which designates the Divisional Commissioner as the competent authority for such complaints. Consequently, the court declined to examine the merits of the petition and disposed of it at the admission stage. The petitioner was directed to file a complaint with the Divisional Commissioner within four weeks, after which the Commissioner must decide the matter within eight weeks, ensuring notice and hearing to all parties. The writ petition was therefore dismissed, with the matter left to the administrative remedy provided by the amendment order.
Issues considered
- Whether the petitioner is entitled to mandamus directing his appointment as PDS dealer despite the merit list.
- Whether the court can quash the appointment of Smt. Shobha Kumari on grounds of procedural irregularity.
- Whether the existence of an alternative administrative remedy under the Bihar Targeted PDS (Control) Second Amendment Order, 2022 bars the issuance of the writ.
- Whether the High Court has jurisdiction to entertain the writ petition in view of the statutory remedial scheme.
Subjects
- Public Distribution System
- PDS dealer appointment
- Mandamus
- Writ petition
- Alternative remedy
- Administrative law
- Bihar
- Merit list
- Quashing appointment
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.19399 of 2025
======================================================
Raman Kumar son of Shri Ram Prasad Mahto R/o village- Rambag, P.O -
Fatki, P.S - Madhepur, District - Madhubani, Bihar, Pin- 847408
... ... Petitioner/s
Versus
1. The State of Bihar through Principal Secretary, Food and Civil Supply
Department, Govt. of Bihar, Patna.
2. The Divisional Commissioner, Darbhanga Division, Darbhanga.
3. The District Magistrate, Madhubani. Bihar.
4. The District Supply Officer, Madhubani, Bihar.
5. The Sub-Divisional Officer, Jhanjharpur. District Madhubani, Bihar.
6. The Block Development Officer, Madhepur, District Madhubani, Bihar.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Akash Chaturvedi
For the Respondent/s : Mr. Government Pleader (10)
: Mr. A Karim, AC to GP10
======================================================
CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY
ORAL ORDER
2 02-02-2026 Heard the learned counsels for the parties.
The present writ petition has been filed for the
following relief(s):-
“i. For Issue an appropriate writ in the
nature of Mandamus commanding the Respondents,
more particularly the Respondent No. 5 - Sub-
Divisional Officer, Jhanjharpur, and Respondent No.
6 Block Development Officer, Madhepur, to
forthwith appoint the petitioner as Public
Distribution System (PDS) License Holder / Fair
Price Shop Dealer for Banki Panchayat, Madhepur
Block, Madhubani District, in accordance with the
final merit list wherein his name was placed at
Serial No. 1;
ii. For issuance of writ in the nature of
mandamus directing the respondent to considered
the name of the petitioner for his appointment as
PDS dealer as such being more meritorious then
other candidate and also at serial no. 1 in the merit
list published by the District Selection Committee
headed by the District Magistrate, Madhubani;
iii. For Issue a writ of Certiorari
quashing the illegal and arbitrary appointment of
Patna High Court CWJC No.19399 of 2025(2) dt.02-02-2026
2/3
one Smt. Shobha Kumari (Serial No. 2 in the said
merit list) to the said post, which has been made in
violation of the established procedure and contrary
to the merit position of the petitioner:
iv. For Issue a writ of Mandamus
directing the Respondents to conduct an
independent and impartial inquiry into the alleged
irregularities and corrupt practices in the
appointment process of the Fair Price Shop Dealer
for Banki Panchayat:
v. For stay the operation and
implementation of the appointment of Smt. Shobha
Kumari, during the pendency of the present writ
petition, in order to prevent continuation of the
illegality and to secure the ends of justice; and
vi. To Pass such other order(s) as this
Hon'ble Court may deem fit and proper in the
interest of justice.”
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
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 off any complaint or
representation made by an aggrieved party.
5. Without going into the merits or demerits of the
case the present writ petition is disposed of at the stage of
admission with the consent of both the counsels.
Patna High Court CWJC No.19399 of 2025(2) dt.02-02-2026
3/3
6. 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 Smt. Shobha Kumari 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.
6. With the above direction, the present writ petition
stands disposed of.
(A. Abhishek Reddy, J)
Ayush/-
U
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