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
- Bihar Targeted Public Distribution System (Control) Order, 2016 — s. 32(iii), 32(v), 32(vi)
- Limitation Act — s. 5
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
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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
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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.
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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)
Aryan/-
AFR/NAFR NAFR
CAV DATE N/A
Uploading Date 07.07.2026
Transmission Date
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