Patna High Court
Puja KumariversusThe 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, with the delay condoned under the Limitation Act.
Summary
Puja Kumari filed a writ petition seeking a mandamus directing the State of Bihar and related officials to set aside a selection letter dated 19‑May‑2018 and the PDS licence No. 36/18 issued to Farhana Khatoon. The respondents argued that the Bihar Targeted Public Distribution System (Control) Order, 2016 provides a specific appeal and revision mechanism, which the petitioner had not used. The Court observed that the petitioner has an alternative remedy under the Order – a complaint/application before the Divisional Commissioner – and that the District Magistrate, being the head of the selection committee, cannot entertain an appeal against his own order. Although the petitioner claimed the limitation period had lapsed, the Court directed that the delay be condoned under Section 5 of the Limitation Act. Consequently, the writ petition was dismissed, with the petitioner ordered to file the complaint within one month and the authority to dispose of it within three months.
Issues considered
- What is the appropriate remedy for the petitioner under the Bihar Targeted Public Distribution System (Control) Order, 2016?
- Can the writ petition be entertained despite the existence of an alternative statutory remedy?
- Whether the limitation period for filing the complaint/application can be condoned under the Limitation Act.
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
- Mandamus
- Alternative remedy
- Limitation
- Administrative law
- Selection committee
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.19762 of 2019
======================================================
Puja Kumari Wife of Bablu Sahni, R/o Village Supaul Market, P.S. Biraul,
District- Darbhanga.
... ... Petitioner/s
Versus
1. The State of Bihar through Special Secretary of Food and Consumer
Protection Department, State of Bihar, Patna.
2. The District Magistrate Cum President of District Selection Committee,
Darbhanga.
3. District Supply Officer, Darbhanga.
4. Assistant District Supply Officer, Darbhanga.
5. Sub Divisional Officer, Darbhanga.
6. Block Supply Officer, Biraul, Darbhanga
7. Farhana Khatoon, Wife of Afroj Alam, R/o Village Supaul Biraul, P.S.
Biraul, District- Darbhanga.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Tribhuwan Narayan, Advocate
For the Respondent/s : Mr. Arvind 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
appropriate writ in nature of
Mandamus or any appropriate writ
(S) and direction to the respondent
authorities and to set aside the
selection latter dated 19.5.2018
whereby selection committee has
selected the respondent no. 7 for
issuance of P.D.S. licence and
further to set aside the licence no.
36/18 issued in favour respondent
no. 7 in pursuance of aforesaid
Patna High Court CWJC No.19762 of 2019 dt.24-06-2026
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selection letter, for which
petitioner was entitle too.”
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
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,
Patna High Court CWJC No.19762 of 2019 dt.24-06-2026
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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
a complaint/application before the Divisional
Commissioner.
5. The Learned counsel for the petitioner
Patna High Court CWJC No.19762 of 2019 dt.24-06-2026
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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 of the same within three months from the
date of filing of the same.
7. With the above said observation, the
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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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