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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

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
                                           2/5




                     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
Patna High Court CWJC No.19476 of 2019 dt.23-06-2026
                                           3/5




                     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
Patna High Court CWJC No.19476 of 2019 dt.23-06-2026
                                           4/5




        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
             Patna High Court CWJC No.19476 of 2019 dt.23-06-2026
                                                        5/5




                     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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