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Patna High Court

Nilam KumariversusThe State of Bihar

Decided
Disposal
DISPOSED

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
                                            2/4




                                      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
                                            3/4




          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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