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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

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
                                           2/5




                               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
                                           3/5




                               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
                                           4/5




         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
             Patna High Court CWJC No.19762 of 2019 dt.24-06-2026
                                                        5/5




                      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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