Patna High Court
Amar Kishor PandeyversusThe state of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- A ABHISHEK REDDY
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
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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
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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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