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Patna High Court

Arun Kumar Bhandari,versusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The writ petition is dismissed as the petitioner must pursue the alternative remedy provided under the Bihar Targeted Public Distribution System (Control) Order, 2016, with the delay condoned under the Limitation Act.

Summary

The petitioner, an EBC‑category resident, applied for a Public Distribution System (PDS) licence under the EBC category but the licensing authority issued the final merit list dated 28‑09‑2018 placing him in the unreserved category and allotted the licence to another EBC applicant under the unreserved category. He filed a writ petition seeking a certiorari to quash the merit list alleging denial of his category right. The respondents relied on Sections 32(iii), (v) and (vi) of the Bihar Targeted Public Distribution System (Control) Order, 2016, which provide a specific appeal and revision mechanism before the District Magistrate and Divisional Commissioner. 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; therefore the petitioner must approach 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. Consequently, the writ petition was dismissed with a direction to file the appropriate application within one month, and the authority was ordered to dispose of it within three months.

Issues considered

  • Whether the petitioner has a statutory alternative remedy under the Bihar Targeted Public Distribution System (Control) Order, 2016
  • Whether the writ petition is maintainable despite the existence of such alternative remedy
  • Whether the limitation period can be condoned under Section 5 of the Limitation Act

Legislation cited

Subjects

  • Public Distribution System
  • Licensing
  • EBC category
  • Certiorari
  • Alternative remedy
  • Limitation Act
  • Administrative law
  • Bihar

Judgment

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                   Civil Writ Jurisdiction Case No.22975 of 2019
     ======================================================
     Arun Kumar Bhandari, Son of Late Mahavir Bhandari, Resident of Village-
     Satghara, Block- Rahika, P.S.- Rahika, District- Madhubani.

                                                               ... ... Petitioner/s
                                       Versus
1.   The State of Bihar through the Principal Secretary, Food and Civil Supply
     Department, Old Secretariat, Patna.
2.   The Principal Secretary, Food and Civil Supply Department, Old Secretariat,
     Patna.
3.   The District Magistrate, Madhubani.
4.   The District Supply Officer, Madhubani.
5.   The District Co-operative Officer, Madhubani.
6.   The Sub-Divisional Officer, Madhubani Sadar, District- Madhubani.
7.   The Block Supply Officer, Rahika, District- Madhubani.
8.   Raju Kumar Bhandari, Son of Srikant Bhandari, Resident of Village
     Satghara, Block- Rahika, P.S.- Rahika, District Madhubani.

                                               ... ... Respondent/s
     ======================================================
     Appearance :
     For the Petitioner/s   :      Mr.Ravindra Kumar Singh
     For the Respondent/s   :      Mr.S. Raza Ahmad ( Aag5 )
     ======================================================
     CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY

     ORAL JUDGMENT
     Date : 06-07-2026

                  1. The present Writ petition is filed for the
      following reliefs:-
                                    “For issuance of a writ in
                            the nature of certiorari for
                            quashing of the final merit list
                            dated 28.09.2018 issued by the
                            office of Sub Divisional Officer,
                            madhubani i.e., licensing authority
                            whereby and whereunder the
                            Advertisement for issuance of
                            Public Distribution System License
                            (01) has been issued for Ijra
                            Panchayat, Block Rahika only for
Patna High Court CWJC No.22975 of 2019 dt.06-07-2026
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                               the unreserved category whereas
                               the    license    invited    by  the
                               department         for     Extremely
                               Backward      Castes     (EBC)   was
                               ignored and was not deliberately
                               issued and has also erroneously
                               kept the petitioner in General
                               Category in this list whereas he
                               belongs to the EBC Category and
                               had applied for the license under
                               EBC category and further the
                               P.D.S.     License       has    been
                               maliciously allotted to one Raju
                               Bhandai i.e., Respondent No. 8
                               belonging to the EBC category who
                               had also applied for license under
                               EBC      category     although   the
                               department had issued him the
                               PDS license under unreserved
                               category.


                     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
Patna High Court CWJC No.22975 of 2019 dt.06-07-2026
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                          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 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
Patna High Court CWJC No.22975 of 2019 dt.06-07-2026
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         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     proper        application           before    the    Divisional

         Commissioner.

                     5. The Learned counsel for the petitioner

         contended          that      he     intends    to   file   a   proper

         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.

                     6.     Taking       into     consideration     that   the

         petitioner has an alternative remedy for filing

         application, the Writ petition is disposed of with a

         direction to the petitioner to file proper 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.
             Patna High Court CWJC No.22975 of 2019 dt.06-07-2026
                                                        5/5




                                  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)
Aryan/-
AFR/NAFR                NAFR
CAV DATE                N/A
Uploading Date          07.07.2026
Transmission Date


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