Patna High Court
Satyendra Kumar RamversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
Holding
The petition must be pursued through the alternative remedy provided by the Bihar Targeted Public Distribution System (Control) Order, 2016, with the court condoning any delay in filing the complaint/application.
Summary
The petitioner, Satyendra Kumar, challenged the final selection list for a PDS licence in Kachhiyana village, alleging that his candidature was ignored in favor of respondent No.5. The respondents argued that the Bihar Targeted Public Distribution System (Control) Order, 2016 provides specific appeal and revision mechanisms, which the petitioner must use. The court observed that an alternative remedy exists under the Order, requiring the petitioner to file a complaint/application before the Divisional Commissioner, as the District Magistrate cannot review his own order. The petitioner claimed the limitation period for filing such a complaint had lapsed and sought condonation under Section 5 of the Limitation Act. The High Court directed the petitioner to file the complaint within one month, ordered the authority to condone any delay, and to dispose of the matter within three months, thereby disposing of the writ petition.
Issues considered
- Whether the petitioner is barred from obtaining relief in the writ petition when an alternative statutory remedy under the Bihar Targeted Public Distribution System (Control) Order, 2016 is available.
- Whether the limitation period for filing a complaint/application under the Order can be condoned under Section 5 of the Limitation Act.
- Whether the District Magistrate, as head of the Selection Committee, can entertain an appeal against his own order.
Legislation cited
- Bihar Targeted Public Distribution System (Control) Order, 2016 — s. 32(iii), 32(v), 32(vi)
- Limitation Act — s. 5
Subjects
- Public Distribution System
- PDS licence
- Selection list
- Writ petition
- Alternative remedy
- Limitation period
- Appeal
- Revision
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.19476 of 2019
======================================================
Satyendra Kumar Ram S/o Umesh Ram Resident of Village- Bikkam, P.S.-
Lakhisarai, District- Lakhisarai.
... ... Petitioner/s
Versus
1. The State of Bihar through Secretary, Food and Consumer Protection
Department, Old Secretariat, Patna.
2. The Chairman, District Level Selection Committee, District- Lakhisarai.
3. The Collector-cum-District Magistrate, Lakhisarai.
4. The Sub Divisional Officer, Lakhisarai.
5. Gautam Kumar Ram S/o Nikhedi Ram Resident of Village- Bikkam, P.S.-
Lakhisarai, District- Lakhisarai.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Vijay Anand, Adv.
For the Respondent/s : Mr.S. Raza Ahmad (AAG-5)
======================================================
CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY
ORAL JUDGMENT
Date : 23-06-2026
1. The writ petition is filed for the following
reliefs:-
“That the present Writ application
is being filed on behalf of the petitioner
above named for challenging the Final
Selection List of Village Kachhiyana,
Panchayat Kachhiyana by which the
name of Respondent No. 5 be selected to
grant PDS Licence in Kachhiyana village,
Block-Lakhisarai, District Lakhisarai
ignoring the candidature of the petitioner
Patna High Court CWJC No.19476 of 2019 dt.23-06-2026
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who is the first empanel candidate for
grant of PDS licence in Kachhiyana
Panchayat.
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 the order and the
District Magistrate shall, as far as
practicable, dispose the appeal within a
period of sixty days.”
32. (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
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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 orders in an appeal.
Therefore, the petitioner is directed to file a
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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
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of the same within three months from the date of
filing of the same. It is needless to mention that
before passing any order, the petitioner should be
given a fair opportunity of hearing.
7. With the above said observation, the Writ
petition is disposed of.
8. Interlocutory Application(s), if any, shall
stand disposed of.
(G. Anupama Chakravarthy, J)
Manish/-
AFR/NAFR NAFR
CAV DATE N/A
Uploading Date 23.06.2026
Transmission Date 23.06.2026
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