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Patna High Court

Chintu Kumar PaswanversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The writ petition is not maintainable because the petitioner has an alternative and efficacious statutory appeal under Clause 32(3) of the Bihar Targeted Public Distribution System (Control) Order, 2016.

Summary

The petitioner, Chintu Kumar Paswan, filed a writ petition in the Patna High Court challenging actions of several state officials related to the Bihar Targeted Public Distribution System. The petitioner sought relief from the court, alleging violations of his rights under the distribution system. The court observed that the petitioner has an alternative and efficacious statutory remedy – an appeal to the District Magistrate‑cum‑Collector under Clause 32(3) of the Bihar Targeted Public Distribution System (Control) Order, 2016. Consequently, the High Court held that the writ petition is not maintainable when a specific statutory appeal is available. The court directed the petitioner to file the appeal within two weeks and ordered the authorities to hear him and decide the matter within eight weeks, after which the writ petition was disposed.

Issues considered

  • Whether the writ petition is maintainable when an alternative statutory appeal under Clause 32(3) of the Bihar Targeted Public Distribution System (Control) Order, 2016 is available
  • Whether the High Court can entertain the petition in spite of the existence of a specific remedial provision

Subjects

  • writ petition
  • public distribution system
  • statutory appeal
  • administrative law
  • jurisdiction

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.3119 of 2025
                 ======================================================
                 Chintu Kumar Paswan, Son of Late Rajkumar Paswan, Resident of Village-
                 Kushdih, P.S.- Dumariya, District- Gaya, Bihar.

                                                                            ... ... Petitioner/s
                                                   Versus
           1.    The State of Bihar through the Principal Secretary, Department of Food and
                 Civil Supply, Government of Bihar, Patna.
           2.    The District Magistrate-cum-Chairman, District Selection Committee, Gaya.
           3.    The Licensing Authority-cum-Sub Divisional Officer, Sherghati, Gaya.
           4.    The District Supply Officer, Gaya.
           5.    The Block Supply Officer, Dumariya, Gaya.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :      Mr.Md. Jubair Ansari, Adv.
                 For the Respondent/s   :      Mr.Standing Counsel (25)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY
                                       ORAL ORDER

7   05-02-2026                 Even though, the learned counsel appearing on behalf

                   of the petitioner has argued at length on merits of the case, this

                   Court is not inclined to entertain the present writ petition,

                   having regard to the facts that the petitioner has an alternative

                   and efficacious remedy of preferring a statutory appeal before

                   the District Magistrate-cum-Collector, Gaya, under Clause 32(3)

                   of the Bihar Targeted Public Distribution System (Control)

                   Order, 2016. The present writ petition is disposed of directing

                   the petitioner to approach the District Magistrate-cum-Collector,

                   Gaya (Respondent No. 2) by way of appeal within a period of

                   two weeks from today. On such appeal being filed, the District
             Patna High Court CWJC No.3119 of 2025(7) dt.05-02-2026
                                                         2/2




                       Magistrate-cum-Collector, Gaya (Respondent No. 2) shall

                       consider the same on merits and pass a reasoned orders in

                       accordance with law.

                                   2. It is needless to mention that before passing any

                       order, the authorities concerned shall give an opportunity of

                       hearing to the petitioner. The entire exercise shall be completed

                       as expeditiously as possible preferably within a period of eight

                       weeks from the date of filing of the appeal by the petitioner.

                       Any order passed shall be communicated to the parties.

                                   3. Accordingly, the present writ petition stands

                       disposed of.



                                                               (A. Abhishek Reddy , J)
Bhardwaj/-

U


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