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Patna High Court

Manish Kumar SinghversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The writ petition is not maintainable; the petitioner must pursue the alternative remedy of filing a complaint/application before the Divisional Commissioner, with the delay condoned.

Summary

Manish Kumar Singh applied for a Fair Price Shop (PDS) licence but the selection committee chose another candidate. He filed a writ petition seeking to set aside that order, be selected as per the merit list, and obtain an interim stay. The respondents argued that the Bihar Targeted Public Distribution System (Control) Order, 2016 provides a specific appeal and revision mechanism, which the petitioner had not used. The Court held that the petitioner must pursue the alternative remedy of filing a complaint/application before the Divisional Commissioner, as the District Magistrate, who heads the selection committee, cannot entertain an appeal against his own order. Although the limitation period had lapsed, the Court directed that the delay be condoned under Section 5 of the Limitation Act and ordered the petitioner to file the complaint within one month, with the authority to dispose of it within three months. The writ petition was therefore disposed of.

Issues considered

  • Whether a writ petition is maintainable when the Bihar Targeted Public Distribution System (Control) Order, 2016 provides an alternative appeal/revision remedy.
  • Whether the petitioner can be directed to approach the Divisional Commissioner despite the limitation period having expired.
  • Whether the District Magistrate, as head of the Selection Committee, can entertain an appeal against his own order.

Legislation cited

Subjects

  • PDS licence
  • selection committee
  • writ petition
  • alternative remedy
  • limitation period
  • condonation
  • public distribution system
  • administrative law

Judgment

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                 Civil Writ Jurisdiction Case No.24395 of 2019
     ======================================================
     Manish Kumar Singh S/o Dinesh Prasad Singh Resident of Village- Mangwar,
     P.O.- Mangwar, Ward No.02, Block- Sonbarsa, P.S.- Basnahi, District-
     Saharsa.

                                                          ... ... Petitioner
                                       Versus
1.   The State of Bihar through Principal Secretary, Food and Consumer
     Protection Department, Govt. of Bihar, Patna.
2.   The Additional Secretary, Food and Consumer Protection Department, Govt.
     of Bihar, Patna.
3.   The Joint Secretary, Food and Consumer Protection Department, Govt. of
     Bihar, Patna.
4.   The District Magistrate, Saharsa.
5.   The District Officer cum Chairman District Selection Committee, Saharsa.
6.   The District Supply Officer, Saharsa.
7.   The Sub Divisional Officer, Sadar Saharsa.
8.   The Block Supply Officer, Sonbarsa, District- Saharsa.
9.   The Block Development Officer, Sonbarsa Block, District- Saharsa.
10. Sudhanshu Shekhar Singh S/o Late Bishundeo Pd. Singh Resident of
    Village- Ward No.4, Mangwar, P.O. Mangwar, Block- Sonbarsa, P.S.-
    Basnahi, District- Saharsa.

                                               ... ... Respondents
     ======================================================
     Appearance :
     For the Petitioner    :       Mr. Nafisuzzoha, Advocate
     For the Respondents   :       Mr. S. Raza Ahmad, AAG5
     ======================================================
     CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY
                                   ORAL JUDGMENT
                             Date : 03-07-2026
                  1. The present Writ petition is filed for the

      following reliefs:- “

                                         (i).   For   issuance       of   an
                               appropriate writ, order or direction
                               for setting aside the order dated
                               14.9.2019 by which the selection
                               committee        selected       the   private
Patna High Court CWJC No.24395 of 2019 dt.03-07-2026
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                                 Resp. No. 10 for the PDS License
                                 who belongs to Ward No. 4 of
                                 Mangwar Panchayat.
                                             (ii). For issuance of writ
                                 order or direction for selection of
                                 the petitioner as per merit list for
                                 allotment of the Fair price shop
                                 (P.D.S. Dealer Ship) of Mangwar
                                 Panchayat, Block Sonbarsa, District
                                 Saharsa.
                                             (iii).      For     issuance      an
                                 appropriate writ order or direction
                                 for allotment of the PDS dealership
                                 in favour of the petitioner who is
                                 the best candidate as per merit list
                                 amongst the lot.
                                             (iv). For issuance of an
                                 appropriate writ order or direction
                                 for grant of ad-interim stay of the
                                 operation of arbitrary selection of
                                 Respondent No. 10 for allotment of
                                 PDS dealership at the place of the
                                 petitioner            and     restraining     the
                                 respondents authority in grant of
                                 Fair Price Shop distribution during
                                 the pendency of writ application.
                                             (v).      For     issuance   of   an
                                 appropriate writ order or direction
                                 for grant of any other appropriate
Patna High Court CWJC No.24395 of 2019 dt.03-07-2026
                                           3/6




                                 reliefs for which the petitioner may
                                 be deemed entitle fit and proper,
                                 for the license of PDS dealership.
                                             (vi). Any other appropriate
                                 relief or reliefs may be granted in
                                 favour of the petitioner as your
                                 lordship may deem fit and proper.”
                     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
                               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
Patna High Court CWJC No.24395 of 2019 dt.03-07-2026
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                               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

         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
Patna High Court CWJC No.24395 of 2019 dt.03-07-2026
                                           5/6




         Commissioner.

                     5. The Learned counsel for the petitioner

         contended             that       he           intends        to       file      a

         complaint/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

         complaint/application, the Writ petition is disposed

         of with a direction to the petitioner to file

         complaint/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
             Patna High Court CWJC No.24395 of 2019 dt.03-07-2026
                                                        6/6




                      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)
Shanu/-
AFR/NAFR                   NAFR
CAV DATE                   NA
Uploading Date
Transmission Date          NA


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