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Patna High Court

Chandan KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The writ petition is not maintainable as the petitioner must first pursue the alternative statutory remedy of filing a complaint before the Divisional Commissioner.

Summary

Petitioner Chandan Kumar challenged the selection of two individuals as PDS dealers in Korai Panchayat, alleging violation of Order‑11 of the Bihar Targeted Public Distribution System (Control) Orders, 2016, and sought certiorari and mandamus to quash the selection. The Court observed that the Order provides a specific statutory remedy – an appeal to the District Officer and, failing that, a revision before the Divisional Commissioner – which the petitioner must pursue. Since the District Magistrate, who heads the selection committee, cannot review his own order, the petition was deemed premature. The petitioner’s claim of limitation expiry was noted, but 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 a complaint before the Divisional Commissioner within one month, and the authority was instructed 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, that bars the writ petition.
  • Whether the limitation period for filing the statutory complaint can be condoned under the Limitation Act.
  • Whether the High Court can grant certiorari and mandamus in the absence of exhaustion of the statutory remedy.

Legislation cited

Subjects

  • PDS dealer selection
  • certiorari
  • mandamus
  • alternative statutory remedy
  • limitation period
  • Bihar Targeted PDS System
  • administrative law

Judgment

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.25310 of 2019
     ======================================================
     Chandan Kumar S/o Lal Babu Mahto, R/o Ward No. 11, Sujanpur, Korai,
     P.S.- Garhpura, District-Begusarai.
                                                                ... ... Petitioner
                                         Versus
1.    The State of Bihar through its Secretary Food and Consumer Protection
      Deptt., Govt. of Bihar, Patna.
2.   Secretary, Food and Consumer Protection Deptt., Govt. of Bihar, Patna.
3.   The District Magistrate, Begusarai.
4.   District Supply Officer, Begusarai.
5.   The Sub Divisional Officer-cum-Licensing Authority, Bakhri, Begusarai.
6.   Sri Anil Sharma, S/o Ram Prakash Sharma, R/o Sujanpur, P.O.-Korai,
     Block-Garhpura, District-Begusarai.
7.    Sajia Nasrin, W/o Md. Ataul, R/o Sujanpur, P.O.-Korai, Block-Garhpura,
      District-Begusarai.
                                                            ... ... Respondents
     ======================================================
     Appearance :
     For the Petitioner     :      Mr. Pramod Kumar Sinha, Advocate
                                   Mr. Arvind Kumar Sharma, Advocate
                                   Mr. Chatan Kumar, Advocate
     For the Respondents    :      Mr. S. Raza Ahmad, AAG5
     For Respondent No.6    :      Mr. Murlidhar Mishra, Advocate
                            :      Mr. Shubhash Pandey, Advocate
     ======================================================
     CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY
                            ORAL JUDGMENT
                          Date : 02-07-2026
                    1. The Writ petition has been filed for the

      following relief:

                           ”For issuance of appropriate
               writ or writs, in the nature of the writ
               of (i) certiorari quashing the order of
               selection contained in Memo No.
               2900 dated 20.09.2019 (Annexure-8)
               passed by the Sub-Divisional Officer,
               Bakhri, Begusarai, respondent no. 5,
               whereby          and        whereunder          the
               respondent no. 5 has made illegal
Patna High Court CWJC No.25310 of 2019 dt.02-07-2026
                                               2/5




                 selection of respondent no. 6 Sri Anil
                 Sharma and respondent no. 7 Smt.
                 Sajia Nasrin for being appointed as
                 the     dealer          of     Public        Distribution
                 System Shop (PDS dealer), in Korai
                 Panchayat against the 2 vacancies
                 arisen        in    utter           violation    of    the
                 provisions contained in Order-11 of
                 Bihar      Targeted            Public        Distribution
                 System (Control), Orders, 2016, in
                 short      the      'orders'          (ii)    Mandamus
                 directing,                commanding                  and
                 restraining             the     respondents           from
                 issuing any PDS dealership on the
                 basis of the said selection contained
                 in Annexure-8, in Korai Panchayat
                 and to consider the case of the
                 petitioner afresh, and stay of the list
                 of selection contained in Annexure-8
                 so      far        as     Korai        Panchayat        is
                 concerned, pending disposal of the
                 writ application.”
                      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
Patna High Court CWJC No.25310 of 2019 dt.02-07-2026
                                           3/5




         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
                 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
Patna High Court CWJC No.25310 of 2019 dt.02-07-2026
                                           4/5




                 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

         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
             Patna High Court CWJC No.25310 of 2019 dt.02-07-2026
                                                        5/5




                      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 date of

                      filing of the same. It is needless to mention that

                      before passing any order the petitioner should be

                      given a fair opportunity for hearing.

                                   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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