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Patna High Court

Amar Kishor PandeyversusThe state of Bihar

Decided
Disposal
DISPOSED

Holding

The petition is not maintainable as the petitioner must first pursue the alternative remedy of filing a complaint with the Divisional Commissioner under the 2022 amendment.

Summary

Amar Kishor Pandey filed a writ petition challenging the selection of Priyanka Kumari as a PDS shop licensee, alleging that she used forged academic documents to obtain a higher merit score. He sought a writ of certiorari to quash the selection, a mandamus directing issuance of the license to him, and other reliefs. The Court observed that the petitioner has an alternative statutory remedy under the Bihar Targeted Public Distribution System (Control) Second Amendment Order, 2022, which mandates filing a complaint with the Divisional Commissioner. Since this remedy is available and efficacious, the Court declined to entertain the writ petition on its merits. The petitioner was directed to approach the Divisional Commissioner within four weeks, and the writ petition was disposed of.

Issues considered

  • Whether the High Court can entertain a writ petition challenging the selection of a PDS shop licensee when an alternative remedy under the Bihar Targeted PDS (Control) Second Amendment Order, 2022 is available.
  • Whether the alleged forgery and misrepresentation by the selected candidate can be addressed through a writ of certiorari or mandamus.

Subjects

  • Public Distribution System
  • PDS shop license
  • certiorari
  • mandamus
  • administrative law
  • alternative remedy
  • selection committee
  • forgery
  • Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 Civil Writ Jurisdiction Case No.5753 of 2026
                 ======================================================
                 Amar Kishor Pandey, Son of Lalbabu Pandey, Resident of Village - Tikul Tola
                 ward no. 6, P.S. Gaunaha, District West Champaran, Bettiah (Bihar).

                                                                         ... ... Petitioner/s
                                                   Versus
           1.    The state of Bihar through the principal Secretary, Food and Consumer
                 Protection Department, Old Secretariat, Patna.
           2.    The Commissioner, Division - Tirhut, Muzaffarpur.
           3.    The District Magistrate cum Chairman of the district level selection
                 committee, West Champaran, Bettiah.
           4.    The District Supply Officer, West Champaran, Bettiah.
           5.    The Sub Divisional Officer, Narkatiyaganj, West Champaran, Bettiah.
           6.    The Block Supply Officer Gaunaha, West Champaran, Bettiah.
           7.    Priyanka Kumari, W/O - Kamlakar Kumar, Resident of Village Belsandi, P.S
                 Gaunaha, District West Champaran, Bettiah (Bihar).

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :      Mr. Kumar Gaurav, Advocate.
                 For the Respondent/s    :      Mr. Addl. Advocate General (12)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY
                                    ORAL ORDER

2   27-04-2026                   Heard the learned counsel for the parties.

                                 2. This Writ application has been filed for issuance of an

                   appropriate writ, order and direction for following reliefs:-

                                                          “A. To issue Writ of Certiorari
                                              for quashing or any Writ order to set aside
                                              the unspecified decision of the District
                                              level     Selection    Committee,      West
                                              Champaran, Bettiah & published final
                                              merit list whereby & where under
                                              Respondent No. 7 Namely (Priyanka
                                              Kumari) has been selected in final merit
                                              list for issuance / grant of P.D.S Shop at
Patna High Court CWJC No.5753 of 2026(2) dt.27-04-2026
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                                      Roaster No. 505 contained therein
                                      Annexure-P/3 on the basis of higher mark
                                      than the petitioner which she obtained in
                                      M.A but the fact is that she has obtained
                                      this P.D.S license by concealing her
                                      original educational qualification of M.A
                                      & produced a Forged/Fake Mark sheet &
                                      Provisional certificate of Master of Arts
                                      (Home Science) which Certificate No.
                                      M0056962 issued by the I.G.N.O.U dated
                                      24/02/2021 whereas with the same
                                      Certificate No. M0056962, Stream is
                                      Master of Arts (Sociology) issued by the
                                      I.G.N.O.U to some other person dated
                                      24/02/2015 contained therein Annexure-
                                      P/4 (Series).
                                                 B. To issue a consequential Writ
                                      of Mandamus or any other appropriate
                                      Writ order directing the District Level
                                      selection Committee West Champaran
                                      Bettiah to consider the claim/objection of
                                      the petitioner contained therein Annexure-
                                      P/5(Series) & directing the licensing
                                      authority cum S.D.O, Narkatiyaganj to
                                      issue a P.D.S license in the name of
                                      petitioner, as he is the only who is
                                      matching all the eligibility criteria &
                                      bonafide candidate to obtain the P.D.S.
                                      Shop license as per the vacancy notified
                                      vide Memo No. 131 dated 06.02.2025
                                      under the Bihar Targeted Public
                                      Distribution System Control Order, 2016
                                      for the Panchayat of Belsandi, Block of
                                      Gaunaha under the Sub Division of
                                      Narkatiyaganj,      District    of      West
                                      Champaran Bettiah at Sl. No. 18 for
                                      Roaster No. 505 specificfor the
                                      (Unreserved) Category contained therein
                                      Annexure-P/1.
                                                 C. Any other relief or reliefs for
Patna High Court CWJC No.5753 of 2026(2) dt.27-04-2026
                                            3/4




                                      which the petitioner may be found entitled
                                      in the fact and circumstances of the
                                      present case may be granted to him.”

                      3. 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 go into the same as the

          petitioner has an alternative and efficacious remedy of filing a

          complaint before the Divisional Commissioner.

                      4. Learned counsel appearing on behalf of the

          respondents states that as per the amendment order Bihar

          Targeted      Public     Distribution          System   (Control)   Second

          Amendment Order, 2022, the Divisional Commissioner is the

          competent authority for disposing of any complaint or

          representation made by an aggrieved party.

                      5. Without going into the merits or demerits of the

          case, having regard to the fact that the petitioner has a remedy

          of filing a complaint before the Divisional Commission as per

          the amendment made vide notification dated 21.07.2022 under

          Bihar Targeted Public Distribution System (Control) Second

          Amendment Order, 2022. The petitioner is directed to approach

          the Divisional Commissioner ventilating his grievance against a

          selection of the Respondent No. 7 as a PDS dealer within a

          period of four weeks from the date of receipt of a copy of this
           Patna High Court CWJC No.5753 of 2026(2) dt.27-04-2026
                                                       4/4




                     order. On receipt of the complaint, the Divisional Commissioner

                     shall pass orders strictly in accordance with law within a period

                     of eight weeks thereof. It is needless to mention that before

                     passing any order, all the parties shall be put on notice and given

                     an opportunity of hearing, besides submitting their objections.

                     Any order passed shall be communicated to the parties.

                                 6. With the above direction, the present writ petition

                     stands disposed of.



                                                         (A. Abhishek Reddy, J)
shakir/-

U


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