Patna High Court
Nilam KumariversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- A ABHISHEK REDDY
Holding
The petition is disposed of as the petitioner must pursue the alternative remedy before the Divisional Commissioner.
Summary
Petitioner Nilam Kumari filed a writ petition challenging several orders that cancelled her PDS dealer licence and seeking a fresh licence on compassionate grounds. She contested the dismissal of her appeal by the ADM‑cum‑1st Appellate Tribunal and subsequent orders of the District Magistrate and Sub‑Divisional Public Grievance Redressal Forum. The High Court observed that the petitioner has an alternative and efficacious remedy under the Bihar Targeted Public Distribution System (Control) Second Amendment Order, 2022, which vests jurisdiction in the Divisional Commissioner to entertain such complaints. Consequently, the Court directed the petitioner to file a complaint before the Divisional Commissioner within four weeks and refrained from entertaining the writ. The petition was therefore disposed of without adjudicating the merits.
Issues considered
- What is the appropriate forum for redressing the petitioner’s grievance regarding the cancellation of her PDS dealer licence?
- Does the High Court have jurisdiction to entertain the writ petition when an alternative remedy under the Bihar Targeted Public Distribution System (Control) Second Amendment Order, 2022 is available?
Subjects
- writ petition
- mandamus
- PDS dealer licence
- license cancellation
- alternative remedy
- jurisdiction
- Bihar Targeted Public Distribution System
- administrative law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.5763 of 2026
======================================================
Nilam Kumari, W/o Late Rahul Kumar, Resident of village-Kachai tola, P.O.-
Badi Simhara, P.S.-Alauli, District-Khagaria.
... ... Petitioner/s
Versus
1. The State of Bihar through Principal Secretary, Food and Consumer
Protection Department, Govt. of Bihar, Patna.
2. The District Magistrate cum-Chairman of District Selection Committee,
Khagaria.
3. The District Magistrate, Khagaria.
4. The District Supply Officer, Khagaria.
5. The Sub-Divisional Officer, Khagaria.
6. The District Magistrate cum-2nd Appellate Tribunal, Public Grievance
Redressal Forum, Khagaria.
7. The A.D.M cum-1st Appellate Tribunal, Khagaria.
8. The Sub-Divisional, Public Grievance Redressal Forum, Khagaria.
9. Soni Kumari, W/o Narayan Kumar, Resident of village Kachai tola, P.O.-
Badi Simhara, P.S.-Alauli, District-Khagaria.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vijay Anand, Advocate.
For the Respondent/s : Mr. Standing Counsel (4)
======================================================
CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY
ORAL ORDER
2 27-04-2026 Heard the learned counsel for the parties.
2. The present Writ Petition has been filed for the
following reliefs:-
“(i) For setting aside the order
dated 02.01.2026 passed by District
Magistrate cum-2nd Appellate Tribunal,
Khagaria passed in Complaint Case No.
9999901070625555293/2A whereby and
whereunder the second appeal file against
Patna High Court CWJC No.5763 of 2026(2) dt.27-04-2026
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the order of A.D.M cum-1" Appellate
Tribunal dated 13.10.2025 is dismissed
and affirming the order of A.D.M cum-1"
Appellate Tribunal, Khagaria.
(ii) For challenging the order
dated 14.10.2025 passed by A.D.M cum-1"
Appellate Tribunal, Khagaria in
Complaint Case No.
9999901070625555293/1A whereby and
whereunder the appeal preferred by the
petitioner dismissed on the ground neither
the petitioner has filed any application
within two years of the death of the
Licensee nor she has filed any objection
from which the signature was verified.
(iii) For challenging the order
dated 18.08.2025 passed by Sub-
Divisional, Public Grievance Redressal
Form in Complaint Case No.
9999901070625555293 by which the
objection was decided directing the S.D.O
Khagaria to conduct an enquiry about
issuing license and compliance report
submitted in the office of Sub-Divisional
Public Grievance Redressal Officer,
Khagaria.
(iv) Issue writ in the nature of
mandamus commanding the Respondents
especially Respondent No. 2 to 4 to issue
fresh license in favour of petitioner on
compassionate basis after cancelled the
license No. 134A/2025 which was running
in the name of Respondent No.9.”
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
Patna High Court CWJC No.5763 of 2026(2) dt.27-04-2026
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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 her grievance against a
selection of the Respondent No. 9 as a PDS dealer within a
period of four weeks from the date of receipt of a copy of this
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.
Patna High Court CWJC No.5763 of 2026(2) dt.27-04-2026
4/4
6. With the above direction, the present writ petition
stands disposed of.
(A. Abhishek Reddy, J)
shakir/-
U
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