Patna High Court
Rajnish BhartiversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
Holding
The writ petition is dismissed, and the petitioner is directed to pursue the alternative remedy under the 2016 Order with condoned limitation.
Summary
The petitioner, Rajnish Bharti, filed a writ petition seeking cancellation of the selection of respondent No.12 as a Public Distribution System (PDS) dealer and to be appointed herself, alleging she is the most suitable candidate. The respondents, representing the State of Bihar and various officials, argued that the Bihar Targeted Public Distribution System (Control) Order, 2016 provides a specific appeal and revision mechanism, which the petitioner had not utilized. The Court observed that the petitioner has an alternative statutory remedy under Section 32(iii), (v) and (vi) of the 2016 Order, requiring an appeal to the District Magistrate and, if necessary, a revision before the Divisional Commissioner. Since the District Magistrate heads the selection committee, the Court directed the petitioner to file a representation before the Divisional Commissioner and condoned the limitation period under Section 5 of the Limitation Act. The Court ordered the authority to entertain the representation within one month and dispose of it within three months, and consequently dismissed the writ petition.
Issues considered
- The petitioner’s entitlement to relief via a writ when a specific statutory appeal and revision process exists under the Bihar Targeted Public Distribution System (Control) Order, 2016.
- Whether the court can condone the lapse of the limitation period for filing the statutory representation 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
- Public Distribution System
- Licensing
- Selection Committee
- Writ Petition
- Alternative Remedy
- Limitation Act
- Administrative Law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.22023 of 2019
======================================================
Rajnish Bharti Wife of Heera Kumar Raman Resident of Village- Ghoghasam
Ward No.-2, P.S.- Simri Bakhtiyarpur District- Saharsa. at present Sarahi P.s.-
Saharsa District- Saharsa.
... ... Petitioner/s
Versus
1. The State of Bihar Through the Chief Secretary old secretariate Bihar Patna.
2. The Principal Secretary Food and Consumer Protection Department old
Secretariat Patna.
3. The Commissioner Koshi Division Saharsa.
4. The District Magistrate Saharsa.
5. The District Level Selection Committee Saharsa Through its Chairman.
6. The Additional Collector cum District Supply Officer Saharsa.
7. The District Co-operative Officer Officer
8. The Sub- Divisional Officer Simri Bakhtiyarpur District- Saharsa.
9. The Block Development Officer Simri Bakhtiyarpur District- Saharsa.
10. The Circle Officer Simri Bakhtiyarpur District- Saharsa.
11. The Block Supply Officer Simri Bakhtiyarpur District- Saharsa.
12. Rani Kumari Wife of Vijay Yadav Resident of Village- Tilathi (Tirasi) ward
No.- 8 Gram Panchayat Ghoghasam P.S.- Simri Bakhtiyarpur District-
Saharsa.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. NK Agarwal, Sr. Adv.
Mr. Amarnath Jha, Adv.
Mr. Kumar Rajdeep, Adv.
Mr.Amarnath Jha, Adv.
For the Respondent/s : Mr.Arvind Ujjwal (SC-4)
======================================================
CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY
ORAL JUDGMENT
Date : 29-06-2026
1. The writ petition is filed for the following
reliefs:
(i) For issuance of an appropriate
Writ cancelling the selection of the
respondents No 12 who has been
selected in the proceeding of the district
level selection committee Saharsa for
Grampanchayat Ghoghasam P.S, Block
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circle Simri Bakhtiyarpur Distrist Saharsa
on 14.09.19.for grant of licence of Public
Distribution System Dealer.
(ii) For Setting aside the letter
dated 20.09.19 issued under the
signature of Additional collector cum
District Supply officer Saharsa where by
and where under the Sub-Divisional
officer Simri Bakhtiyarpur has been
Directed to comply the proceeding of the
district level selection committee
Saharsa, in respect of the respondent No
12.
(iii) For Direction up on the
respondents to select the petitioner for
public distribution system Dealer for
Ghoghasam Panchyat under P.S Block
circle and Simri Bakhtiyarpur District
Saharsa considering her suitability.
(iv) for declaration that the
petitioner is the must suitable candidate
for public distribution system Dealer for
the Ghoghasam Panchayat under Police
Station, Block circle Simri Bakhtiyarpur
District Saharsa among the applicants as
she was graduate.
(v) For Restraining the
respondents from granting licence of the
public distributor system Dealer to the
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respondent No 12 for the Gram Panchayat
Ghoghasam Police Station Block circle
Simri Bakhtiyarpur District - Saharsa as
well as from taking any follow up action
towards the compliance of the decision of
the District level selection committee
Saharsa taken on 14.09.19 selecting a the
Respondent No 12 as public distribution
system dealer for the aforesaid Gram
Panchayat.
(vi) For any other relif (s) / order
(s) Direction (s) to which the petitioner
may be found entitled in 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
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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 alternative remedy under the provisions of Bihar
Targeted Public Distribution System (Control) Order,
2016.
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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 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
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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)
Manish/-
AFR/NAFR NAFR
CAV DATE N/A
Uploading Date 30.06.2026
Transmission Date 30.06.2026
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