Patna High Court
Sanjay KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
Holding
The petitioner must pursue the statutory appeal and revision provisions under the Bihar Targeted Public Distribution System (Control) Order, 2016, and the writ petition is dismissed.
Summary
The petitioner, Sanjay Kumar, sought a writ directing the State of Bihar and various officials to verify the licensing documents of another PDS dealer and to cancel that dealer's appointment, claiming the dealer had falsified his reservation category and missed the objection deadline. The respondents relied on Sections 32(iii), (v) and (vi) of the Bihar Targeted Public Distribution System (Control) Order, 2016, which provide for appeal to the District Officer and subsequent revision before the Divisional Commissioner. The Court observed that the petitioner had an alternative statutory remedy under the same Order and that the District Magistrate, being the head of the selection committee, could not entertain an appeal against his own order. Consequently, the Court directed the petitioner to file a representation before the Divisional Commissioner, condoning the delay and ordering disposal of the representation within three months. The writ petition was therefore dismissed as the appropriate remedy lay in the statutory appeal and revision process.
Issues considered
- What statutory remedy is available to the petitioner under the Bihar Targeted Public Distribution System (Control) Order, 2016?
- Can the petitioner seek relief through a writ when an alternative remedy under the Order exists?
- Whether the limitation period for filing a representation can be condoned under Section 5 of 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
- PDS dealer licensing
- appeal
- revision
- alternative statutory remedy
- writ petition
- limitation period
- public distribution system
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.19855 of 2019
======================================================
Sanjay Kumar S/o Bishwanath Ram Vill.- Sultanpur, P.s.- Bhagwanpurhat,
Distt.- Siwan, Bihar
... ... Petitioner/s
Versus
1. The State of Bihar through District Magistrate, Samaharnalay Siwan, Distt.-
Siwan, Bihar
2. Jila Aapurti Padadhikari Distt.- Siwan, Bihar
3. Anumandal Padadhikari Subdivision- Maharajganj, District- Siwan, Bihar
4. Anugypan Padadhikari Subdivision- Maharajganj, Distt.- Siwan, Bihar
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ajeet Singh, Adv.
For the Respondent/s : Mr.S. Raza Ahmad ( AAG5 )
======================================================
CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY
ORAL JUDGMENT
Date : 22-06-2026
1. The Writ petition is filed for the following
reliefs:
1. That this is an
application for issuance of an
appropriate writ/writs,
direction/directions, directing the
respondent no 1,2,3 and 4 to make
necessary enquires/verifications of
the certificates produced by
Shailendra Kumar Ray who has
been appointed/licensed as PDS
dealer, who has submitted MA final
result, subsequently after the
submission of application form,
(which can not be taken into
consideration once the form is
submitted), further he has claimed
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reservation in General category
(which annuls his candidature),
further he has raised his objection
after the given period of 15 days
to file objection, cancel his
appointment/license of PDS dealer,
set a side the decision of District
level selection committee held in
the chairmanship of the
Respondent no 1 on 29/06/2019
and appoint the petitioner Sanjay
Kumar on the said dealership,
against the said vacancy as he is
the most eligible candidate and he
was earlier appointed/licensed as
the PDS dealer.
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
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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 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
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the District Magistrate is the head of the Selection
Committee he cannot review his own orders in an
appeal. Therefore, the petitioner is directed to file
a complaint/application before the Divisional
Commissioner.
5. The Learned counsel for the petitioner
contended that he intends to file a representation
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
representation, the writ petition is disposed of with
a direction to the petitioner to file representation
within one month from the date of receipt of this
order before the concerned authority. The delay in
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filing the representation 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
Writ petition is disposed of.
8. Interlocutory Application(s), if any, shall
stand disposed of.
(G. Anupama Chakravarthy, J)
AMANDEEP/-
AFR/NAFR NAFR
CAV DATE N/A
Uploading Date 22.06.2026
Transmission Date
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