Patna High Court
Surendra Kumar GuptaversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
Holding
The petitioner must pursue the alternative remedy under the Bihar Targeted Public Distribution System (Control) Order, 2016 by filing a complaint/application before the Divisional Commissioner, and the writ petition is disposed.
Summary
The petitioner sought a writ of mandamus directing the authorities to allot a PDS shop licence to him, alleging that the selection of two other applicants was illegal. The court observed that the Bihar Targeted Public Distribution System (Control) Order, 2016 provides a specific appeal and revision mechanism for aggrieved persons, which the petitioner must use. Since the District Magistrate, who is the head of the selection committee, cannot entertain an appeal against his own order, the court directed the petitioner to file a complaint/application before the Divisional Commissioner. The petitioner claimed the limitation period for filing such a complaint had lapsed, but the court ordered that the delay be condoned under Section 5 of the Limitation Act. Accordingly, the writ petition was disposed with a direction to file the complaint within one month and for the authority to decide it within three months.
Issues considered
- Whether a writ of mandamus can be issued when an alternative statutory remedy exists under the Bihar Targeted Public Distribution System (Control) Order, 2016.
- Whether the petitioner can be directed to approach the Divisional Commissioner instead of the District Magistrate for relief.
- Whether the limitation period for filing the complaint/application can be condoned under the Limitation Act.
Legislation cited
- Bihar Targeted Public Distribution System (Control) Order, 2016 — s. 32(iii), 32(v), 32(vi)
- Limitation Act — s. 5
Subjects
- PDS shop licence
- mandamus
- alternative remedy
- administrative law
- Limitation Act
- Bihar
- public distribution system
- writ petition
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.19424 of 2019
======================================================
Surendra Kumar Gupta S/o Late Basudeo Prasad Gupta Resident of Village-
Maheshkhut, Police Station- Maheshkhut, District- Khagaria
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Food and Civil Supplies
Department, Govt. of Bihar, Patna
2. The District Magistrate-cum-Collector Khagaria
3. The Deputy Development Commissioner Khagaria
4. The District Supply Officer Khagaria
5. The District Co-operative Officer Khagaria
6. The Sub-Divisional Officer Khagaria
7. The General Manager District Industries Centre, Khagaria
8. Smt. Shweta Kumari D/o Sri Praveen Chaurasia, Resident of Village-
Maheshkhut, Police Station- Maheshkhut, District- Khagaria
9. Smt. Deorani Kumari D/o Sri Saroj Chaurasia Resident of Village-
Maheshkhut, Police Station- Maheshkhut, District- Khagaria
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Manoj Kumar Singh
For the Respondent/s : Mr.S. Raza Ahmad (Aag5)
======================================================
CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY
ORAL JUDGMENT
Date : 24-06-2026
1. The present Writ petition is filed for the
following reliefs:-
“ For the issuance of a writ
in the nature of Mandamus or an
appropriate writ, order or orders,
direction or directions,
commanding the respondent-
authority to allot the licence of
PDS shop for Maheshkhut
Panchayat in the name of
petitioner after cancellation of the
selection of respondent Nos. 8 and
Patna High Court CWJC No.19424 of 2019 dt.24-06-2026
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9 selected for the issuance of the
licence for PDS shop in the same
area, as the petitioner is fully
entitled for licence of the PDS shop
and Respondent Nos.8 and 9 have
illegally been selected for the
licence of the PDS shop Vide
Selection List dated 10.07.2019
those earlier Vide Selection List
dated 18.12.2018 their selection
for licence of PDS shop were
rejected and the petitioner also
prays for other consequential relief
for which he is entitled under the
law.”
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
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
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the order and the District
Magistrate shall, as far as
practicable, dispose the appeal
within a period of sixty days.”
(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
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 order in an
appeal. Therefore, the petitioner is directed to file
Patna High Court CWJC No.19424 of 2019 dt.24-06-2026
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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
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.
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8. Interlocutory Application(s), if any, shall
stand disposed of.
(G. Anupama Chakravarthy, J)
Spd/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 24.06.2026
Transmission Date
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