Patna High Court
Nand KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
Holding
The court held that the petitioner must pursue the alternative statutory remedy under the Bihar Targeted PDS (Control) Order, 2016 by filing a representation before the Divisional Commissioner, and the writ petition was dismissed.
Summary
The petitioner, Nand Kumar, filed a writ petition seeking declaration that he was the selected candidate for a PDS dealership license, alleging that the selection list was improperly prepared. 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 an alternative statutory remedy exists and that the District Magistrate, being the head of the selection committee, cannot entertain an appeal against his own order. Consequently, the petitioner was directed to file a representation before the Divisional Commissioner, with the delay in filing to be condoned. The court also noted that the limitation period under the Limitation Act could be relaxed for this purpose. The writ petition was therefore disposed of without granting the relief sought.
Issues considered
- Whether a writ petition is maintainable when a specific appeal and revision remedy under the Bihar Targeted Public Distribution System (Control) Order, 2016 is available.
- Whether the petitioner can be permitted to file a representation despite the lapse of the limitation period under the Limitation Act.
- Whether the District Magistrate can act as an appellate authority for his own licensing order.
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 dealership license
- Alternative statutory remedy
- Limitation period
- Appeal and revision
- Writ petition
- Administrative law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.20457 of 2019
======================================================
Nand Kumar Son of late Sri Jay Shankar Prasad Gupta, Resident of Village-
Kohwara Bishanpur, P.S. Raniganj, District- Araria.
... ... Petitioner
Versus
1. The State of Bihar through the Principal Secretary, Department of Food and
Civil Supply, Government of Bihar,Patna.
2. The District Magistrate, Araria.
3. The District Supply Officer, Araria.
4. The Sub-Divisional Officer, Araria.
5. The Sub-Divisional Officer, Forbesganj, Araria.
6. The Additional Collector, Araria.
7. Shweta Kumari, Wife of Sri Pappu Singh, Resident of Village- Thongha
Ghat, Ward No. 1, P.S. Raniganj, District-Araria.
... ... Respondents
======================================================
Appearance :
For the Petitioner : Mr. Amit Kumar Anand
For the Respondents : 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:
“For issuance of of an appropriate
writ/writs order/orders
direction/directions directing and
commanding the respondents authorities
for declaring the name of the petitioner
as selected candidate for the grant of
PDS (Public Distribution System)
dealership linsence against unreserved
categories after setting a side of the final
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selection list of privet respondent No.7
who was earlier declared selected against
the unreserved female categories were
as the petitioner was declared selected
against the unreserved category in the
provisional list, for any other relief or
reliefs for which the petitioner is legally
entitled to on the facts and
circumstances of the case.”
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.”
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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
the District Magistrate is the head of the Selection
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Committee he cannot review his 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
filing the complaint/application shall be condoned by
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the authority concerned, and the authority shall
dispose of the same within three months from the
date of filing of the same. It is needless to mention
that before passing any order the petitioner should
be given a fair opportunity of hearing.
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/-
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