Patna High Court
Kedar SinghversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- A ABHISHEK REDDY
Holding
The Court held that the writ petition is not maintainable where an alternative statutory appeal under Clause 32(3) of the Bihar Targeted Public Distribution System (Control) Order, 2016 is available.
Summary
Petitioner Kedar Singh filed a writ petition challenging actions of the State of Bihar and its officials. The Court examined whether the petition was maintainable given that the petitioner could appeal under Clause 32(3) of the Bihar Targeted Public Distribution System (Control) Order, 2016 before the District Magistrate‑cum‑Collector. The Court found that an alternative and efficacious statutory remedy existed, and therefore the writ petition could not be entertained. It directed the petitioner to file the appeal within two weeks and to be given a hearing, with the appeal to be decided within eight weeks. The writ petition was consequently disposed of.
Issues considered
- Whether a 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.
Subjects
- writ jurisdiction
- alternative remedy
- public distribution system
- administrative law
- statutory appeal
- Clause 32(3)
- jurisdiction
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.6507 of 2026
======================================================
Kedar Singh, S/o Late Shivmangal Singh, Resident of Village- Sauli Sirsiya,
Panchayat- Rupauli, P.S.- Belsand, District- Sitamarhi.
... ... Petitioner/s
Versus
1. The State of Bihar through the Secretary, Food and Consumer Protection
Department, Government of Bihar, Patna.
2. The Collector, Sitamarhi.
3. The Sub Divisional Officer, Belsand -cum Licensing Authority, Sitamarhi.
4. The Block Supply Officer, Belsand, Sitamarhi.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Dhananjaya Nath Tiwari, Adv.
For the Respondent/s : Mr.Kameshwar Kuar, Government Pleader (17)
======================================================
CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY
ORAL ORDER
2 29-04-2026 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, Sitamarhi,
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, Sitamarhi (Respondent No. 2) by
way of appeal within a period of two weeks from today. On such
appeal being filed, the District Magistrate-cum-Collector,
Patna High Court CWJC No.6507 of 2026(2) dt.29-04-2026
2/2
Sitamarhi (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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