Created by Fuzzy Cloud

Patna High Court

Vijay Pathak @ Vijay Kumar PathakversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The writ petition is dismissed as the petitioner must pursue the alternative remedy of filing a complaint/application before the Divisional Commissioner.

Summary

Petitioner Vijay Pathak filed a writ petition seeking a mandamus to set aside an order of the District Magistrate of Madhubani that rejected his grievance on alleged procedural grounds. The petition alleged that the order was based on incorrect findings and that the application was filed out of time under the Bihar Targeted Public Distribution System (Control) Order, 2016. The Court observed that the petitioner has an alternative statutory remedy under Section 32 of the 2016 Order, which provides for an appeal to the District Officer and, failing that, a revision before the Divisional Commissioner. Since the District Magistrate heads the selection committee, he cannot entertain an appeal against his own order, and the petitioner must approach the Divisional Commissioner. The Court directed the petitioner to file a complaint/application within one month, with the delay condoned, and ordered the authority to dispose of it within three months, thereby dismissing the writ petition.

Issues considered

  • Whether the writ petition is maintainable when an alternative remedy under the Bihar TPDS (Control) Order, 2016 exists.
  • Whether the limitation period for filing the complaint/application can be condoned under Section 5 of the Limitation Act.
  • Which forum is appropriate for the petitioner to seek redress – the District Magistrate or the Divisional Commissioner.

Legislation cited

Subjects

  • writ of mandamus
  • alternative remedy
  • administrative law
  • limitation
  • public distribution system
  • appeal
  • revision
  • district magistrate
  • condonation

Judgment

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                   Civil Writ Jurisdiction Case No.19653 of 2019
     ======================================================
     Vijay Pathak @ Vijay Kumar Pathak S/o Late Kedar Pathak, R/o Village-
     Mansapur, Panchayat- Mansapur, Ward No.- 6, P.S. and Block- Laukahi,
     District- Madhubani.

                                                            ... ... Petitioner/s
                                      Versus
1.   The State of Bihar through the Secretary, Department of Food and Civil
     Supply, Government of Bihar, Patna.
2.   Commission, Darbhanga.
3.   The District Magistrate, Madhubani.
4.   The Sub-Divisional Officer, Fulparas, Madhubani.
5.   The Block Development Officer, Laukahi, Madhubani.
6.   The Marketing Officer, Laukahi, Madhubani.

                                               ... ... Respondent/s
     ======================================================
     Appearance :
     For the Petitioner/s   :     Mr. Arvind Kumar, Advocate
     For the Respondent/s   :     Mr. Arbind Ujjwal (SC 4)
     ======================================================
        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 issuance of writ of
                            mandamus       and     any     other
                            appropriate writ / writs, direction /
                            directions & order / orders for
                            setting aside the order passed by
                            the District Magistrate, Madhubani
                            vide Memo no. -276 dated 28-3-
                            2019 (Annexure-P/9) by which the
                            grievance of the petitioner was
                            rejected on the flimsy grounds ie.
                            (i) on search no such application
                            filed by the petitioner was found
                            on the record, (ii) the application
Patna High Court CWJC No.19653 of 2019 dt.24-06-2026
                                           2/5




                               dated 21-10-2011 filed by the
                               petitioner is wrong and (iii) further
                               the application was not filed well
                               within the stipulated time as
                               indicated in Kandika (clause) - 10
                               of     Bihar     Targeted      Public
                               Distribution    System      (Control)
                               Order -2016, which is not correct
                               and not at all tenable in the eye of
                               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
                               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
Patna High Court CWJC No.19653 of 2019 dt.24-06-2026
                                           3/5




                               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.19653 of 2019 dt.24-06-2026
                                           4/5




         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
             Patna High Court CWJC No.19653 of 2019 dt.24-06-2026
                                                        5/5




                      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.

                                  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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.