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Patna High Court

Md ShahabuddinversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The writ petition is dismissed, with liberty granted to the petitioner to pursue the alternative appeal before the Divisional Commissioner.

Summary

The petitioner, Md Shahabuddin, challenged the selection of Md Abdur Rahim by the District Level Selection Committee under an order dated 29‑09‑2018. He filed a writ petition in the Patna High Court seeking relief against the respondents, including the State of Bihar and various officials. The Court observed that the petitioner has an alternative and efficacious remedy by filing an appeal before the Divisional Commissioner. Consequently, the Court disposed of the writ petition, granting the petitioner liberty to file the appeal within four weeks and directing the authority to hear both parties and pass a reasoned order within a stipulated time. The Court also directed that the selection of the respondent remains pending pending the outcome of the appeal.

Issues considered

  • What is the appropriate remedy when an aggrieved party has an alternative administrative appeal?
  • Does the High Court have jurisdiction to entertain a writ petition in the presence of an alternative remedy?

Subjects

  • writ jurisdiction
  • administrative law
  • selection committee
  • alternative remedy
  • due process

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.2393 of 2025
                  ======================================================
                  Md Shahabuddin, Son of Md Amiruddin, Resident of Village - Naya Tola,
                  Begumpur, P.S. - K.Nagar District- Purnea, Bihar.
                                                                          ... ... Petitioner/s
                                                     Versus
            1.     The State of Bihar through the Secretary, Food and Consumer Protection
                   Department, Bihar, Patna.
            2.    The Divisional Commissioner, Purnea.
            3.    The Collector-cum-District Magistrate, Purnea.
            4.    The Sub-Divisional Officer-cum-Licensing Authority, Sadar Purnea,
                  District- Purnea.
            5.    The Block Supply Officer, K. Nagar, Purnea.
            6.     Md Abdur Rahim, S/o - Md Saidur Rahman, Resident of Village -
                   Begampur, Naya Tola, P.O. - Rikabganj, P.S. - K. Nagar, District - Purnea.
                                                                            ... ... Respondent/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s   :      Mr. N. K. Agrawal, Sr. Adv.
                                                Ms.Diksha Kumari, Adv.
                                                Mr. Kumar Rajdeep, Adv.
                  For the Respondent/s   :      Mr. S. K. Mandal, Standing Counsel (3)
                                                Mrs. Neelam Kumari, AC to SC 3
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY
                                        ORAL ORDER

12   13-03-2026                   Having regard to the fact that the petitioner is having

                    an alternative and efficacious remedy of filing an appeal before

                    the Divisional Commissioner against the order of the District

                    Level Selection Committee dated 29.09.2018, the present writ

                    petition is disposed of granting liberty to the petitioner to

                    approach the authority concern by way of appeal within a period

                    of four weeks from today. On such appeal being filed, the

                    authority shall consider the same on its own merits duly putting

                    all the parties on notice and pass a reasoned order.

                                  2. It is needless to observe that before passing any
             Patna High Court CWJC No.2393 of 2025(12) dt.13-03-2026
                                                        2/2




                       order the petitioner as well as the private respondent shall be put

                       on notice and given an opportunity of hearing. Any order passed

                       shall be communicated to the parties.

                                   3. The authority shall endeavor to pass necessary

                       orders as expeditiously as possible preferably within a period of

                       12 weeks from the date of receipt of the copy of the appeal by

                       the petitioner.

                                   4. It is made clear that the selection of the Respondent

                       No. 6 is subject to the result of the appeal that the petitioner

                       likely to file. Any objections are filed by the Respondent No. 6,

                       the same shall be considered on its own merits by the authority.

                                   5. With the above direction, the present writ petition

                       stands disposed of.


                                                                 (A. Abhishek Reddy , J)
Bhardwaj/-

U


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