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
- Bihar Targeted Public Distribution System (Control) Order, 2016 — s. 32(iii), 32(v), 32(vi)
- Limitation Act, 1963 — s. 5
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
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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
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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
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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
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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
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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
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