Priyanka KumariversusThe State of Bihar

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.19560 of 2019
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     Priyanka Kumari Daughter of Govardhan Yadav resident of Dira Chandpur,
     P.S. Falka, District- Katihar.

                                                                  ... ... Petitioner/s
                                        Versus
1.   The State of Bihar through the Collector, Katihar.
2.   The Sub- Divisional Officer, Sadar, Katihar.
3.   The Supply Officer, Katihar.
4.   The Block Development Officer Sameli Katihar.
5.   Rubi Kumari Wife of Priyatam Prakash resident of Dira Chandpur, P.S.
     Falka, District Katihar.

                                               ... ... Respondent/s
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     Appearance :
     For the Petitioner/s   :         Mr.Ajit Kumar Singh, 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:-

                                “I. For issuance of a writ in the
                  nature of Mandamus or an appropriate
                  writ,     order        or    orders      directing        and
                  commanding the respondent authorities
                  to consider and grant the whole-sale
                  licence        of      dealership         of          Public
                  Distribution System, (hereinafter to be
                  referred        as     PDS)       in    favour     of     the
                  petitioner
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                                  ii. Any other order or orders as
                     your Lordship may deem fit and proper in
                     the facts and circumstances of the case.


                    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 further 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