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Patna High Court

Raman KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

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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