Patna High Court
Md. AalamversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
Holding
The writ petition is dismissed as the petitioner must pursue the alternative remedy under the Bihar Targeted PDS (Control) Order, 2016.
Summary
Petitioner Md. Aalam challenged the selection of a private respondent as a PDS dealer, alleging it violated the reservation policy and seeking a mandamus to cancel the selection and appoint an extreme backward category person. The respondents argued that Section 32(iii), (v) and (vi) of the Bihar Targeted Public Distribution System (Control) Order, 2016 provide an appeal and revision mechanism, constituting an alternative remedy. The Court held that because an alternative remedy exists, the writ petition is not maintainable and directed the petitioner to file a complaint/application before the Divisional Commissioner. Although the petitioner claimed the limitation period had lapsed, the Court directed that the delay be condoned under Section 5 of the Limitation Act. The petition was therefore disposed with directions to file the application within one month and for the authority to decide it within three months.
Issues considered
- Whether the writ petition is maintainable when an alternative remedy under the Bihar Targeted PDS (Control) Order, 2016 is available.
- Whether the limitation period for filing the complaint/application 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
- reservation policy
- public distribution system
- mandamus
- alternative remedy
- limitation
- administrative law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.20189 of 2019
======================================================
Md. Aalam S/o Late Abdul Haq Resident of Village- Habibpur, P.s.- Jagdish-
pur, in the district of Bhagalpur
... ... Petitioner
Versus
1. The State of Bihar through District Magistrate, Bhagalpur
2. The Sub-Divisonal Officer Bhagalpur
3. The Block Development Officer Jagdishpur, Bhagalpur
4. Shanti Devi W/o Upendra Mandal Resident of Village- Komari Tola, P.s.-
Jagdishpur, Distt.- Bhagalpur
... ... Respondents
======================================================
Appearance :
For the Petitioner : Mr. Nalin Vilochan Tiwary, Advocate
For the Respondents : Mr. S.Raza Ahmad, AAG5
======================================================
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/writs, Rule/ Rules, Order/orders in
the nature of mandamus directing the
respondent authorities to show cause
as to why the selection of the private
respondent as PDS dealer be not
cancelled being against the
reservation policy.
For direction to the
respondent authority to appoint or
grant license to person belonging to
extreme backward category for which
the post was reserved”
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
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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.”
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
Patna High Court CWJC No.20189 of 2019 dt.24-06-2026
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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
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.
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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 Writ
petition is disposed of.
8. Interlocutory Application(s), if any, shall
stand disposed of.
(G. Anupama Chakravarthy, J)
Shanu/-
AFR/NAFR NAFR
CAV DATE NA
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