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
- Bihar Targeted Public Distribution System (Control) Order, 2016 — s. 32(iii), 32(v), 32(vi)
- Limitation Act — s. 5
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
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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
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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
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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
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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
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