Patna High Court
Kumari Soni RajversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
Holding
The court directed the petitioner to file a fresh complaint within one month, condoning the delay, and disposed of the writ petition.
Summary
The petitioner, Kumari Soni Raj, challenged the rejection of her candidature for a PDS dealer post by the selection committee, alleging the decision was based on flimsy grounds. She had earlier filed an appeal before the Divisional Commissioner, which was dismissed on the ground that no provision for appeal existed. The petitioner sought a writ to quash the rejection order and to permit filing a fresh complaint before the Divisional Commissioner despite the limitation period having lapsed. The court examined whether the petitioner could be allowed to file a fresh complaint under Section 5 of the Limitation Act and whether a writ was the appropriate remedy. Holding that an alternative remedy existed, the court directed the petitioner to file a fresh complaint within one month, with the authority condoning the delay and disposing of the complaint within three months. Consequently, the writ petition was disposed of without granting the relief sought.
Issues considered
- Whether the petitioner is entitled to a writ directing the authorities to quash the rejection order and appoint the respondent as PDS dealer.
- Whether the petitioner can be permitted to file a fresh complaint before the Divisional Commissioner despite the lapse of the limitation period under Section 5 of the Limitation Act.
Legislation cited
- Limitation Act, 1963 — s. 5
Subjects
- writ petition
- limitation period
- Section 5 Limitation Act
- PDS dealer selection
- administrative law
- quash order
- fresh complaint
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.21838 of 2019
======================================================
Kumari Soni Raj W/o Govardhan Kumar Resident of Village- Pakrail, Mun-
geriya Tola, P.s.- Maheshkhunt, Distt.- Khagaria
... ... Petitioner
Versus
1. The State of Bihar Bihar
2. The Divisonal Commissioner Munger
3. The District Magistrate Khagaria
4. Sub Divisional Magistrate Khagaria
5. The District Supply Officer Khagaria
6. The District Co-operative Officer Khagaria
7. Gunjan Kumar W/o Amarjeet Kumar resident of Village- Ghanshyam Nagar,
Pakrail, P.s.- Maheshkhut, Distt.- Khagria
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Rajesh Kumar
For the Respondent/s : Mr.Arvind Ujjwal (Sc4)
======================================================
CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA
CHAKRAVARTHY
ORAL JUDGMENT
Date : 23-06-2026
1. The writ petition is filed for the following
reliefs:
“For issuance of an appropriate
writ, direction/ directions, order/
orders for quash the order dated
10-07-19 as contained in anneuxre-
2 and 3 whereby the respondent
authorities was pleased to rejected
the candidature of the petitioner on
flimsy and clumsy ground and
appointed Respondent No. 7 on the
post of PDS dealer and further be
pleased to pass any such other
Patna High Court CWJC No.21838 of 2019 dt.23-06-2026
2/3
order/ orders as your lordships may
deem fit and proper under the
circumstances of the case.”
2. It is submitted by the Learned counsel
for the petitioner that he has already filed an
appeal before Divisional Commission, Munger
Division vide P.D.S. Supply Appeal No.88/2019
which was dismissed on 13.08.2019 stating that
there is no provision of appeal.
3. As the decision of the Selection
Committee is final, the order of the Divisional
Commissioner is cryptic. The District Magistrate
being the part of the Selection Committee cannot
be an appellate authority, therefore, the remedy
available for the petitioner is to file a complaint
before the Divisional Commissioner.
4. AT this stage, the Learned counsel for
the petitioner intends to file a fresh
complaint/application before the Divisional
Commissioner, but the limitation period for filing
the same has lapsed. He prayed for a direction to
the concerned authority to entertain the same in
Patna High Court CWJC No.21838 of 2019 dt.23-06-2026
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accordance with Section 5 of the Limitation Act.
5. 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 a fresh
complaint/application within one month from the
date of receipt of this order before the concerned
authority. The delay in 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, in
accordance with law.
6. With the above said observation, the
Writ petition is disposed of.
7. Interlocutory Application(s), if any, shall
stand disposed of.
(G. Anupama Chakravarthy, J)
Shanu/-
AFR/NAFR NAFR
CAV DATE NA
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