Patna High Court
Rama Shankar TiwaryversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
Holding
The Court held that the petitioner must pursue the statutory appeal/revision mechanism under the Bihar Targeted Public Distribution System (Control) Order, 2016, and dismissed the writ petition.
Summary
The petitioner, Rama Shankar Tiwary, sought a writ directing the State of Bihar to grant him a licence for a fair‑price shop, claiming he was placed at the top of the merit list. The respondents contended that the Bihar Targeted Public Distribution System (Control) Order, 2016 provides a specific appeal and revision mechanism for aggrieved applicants. The Court observed that the petitioner has an alternative statutory remedy and that the District Magistrate, being the head of the selection committee, cannot entertain an appeal against his own order. Accordingly, the Court directed the petitioner to file a representation before the Divisional Commissioner, condoning any delay and ordering the authority to dispose of the matter within three months. The petition was therefore dismissed as the appropriate remedy lay in the statutory process.
Issues considered
- Whether the writ petition is maintainable when an alternative remedy under the Bihar TPDS (Control) Order, 2016 exists
- Whether the petitioner can be directed to pursue the statutory appeal/revision process instead of a writ
- 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
- fair price shop licence
- writ petition
- alternative remedy
- appeal
- revision
- limitation
- public distribution system
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.21286 of 2019
======================================================
Rama Shankar Tiwary Son of Jaleshwar Tiwary Resident of Village Ujjaina,
Post Sohilpatti, P.S.- Basantpur, District- Siwan.
... ... Petitioner/s
Versus
1. The State of Bihar through its Principal Secretary, Food Consumer
Protection Department, Govt. of Bihar, New Secretariat Building, Patna.
2. The Secretary, Food and Consumer Protection Department, State of Bihar,
Patna.
3. The District Magistrate, Siwan.
4. The District Supply Officer, Siwan.
5. The District Supply Officer, Siwan.
6. The Sub Divisional Officer, Maharajganj, District- Siwan.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajit Kumar, Adv.
Mr. Vijay Bardhan Pandey, Adv.
For the Respondent/s : Mr. S.Raza Ahmad (AAG-5)
======================================================
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 present writ application
is being filed on behalf of above named
petitioner for issuance of appropriate
writ(s), order(s), direction(s) to the
respondent authority to grant licence for
fair price shop in favour of petitioner
whereby and whereunder candidature of
petitioner has been found at Serial No. 1
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in merit list which has been prepared
after meeting of licence issuing
authority, Siwan. A photo copy of merit
list prepared by respondent authority is
annexed hereto and marked as
Annexure-1 to this application.
2. And pass any other order(s)
as per the facts and circumstances of
this 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
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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
the District Magistrate is the head of the Selection
Committee he cannot review his orders in an
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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 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.
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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)
Manish/-
AFR/NAFR NAFR
CAV DATE N/A
Uploading Date 22.06.2026
Transmission Date 22.06.2026
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