Patna High Court
Aditya NathversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- A ABHISHEK REDDY
Holding
The writ petition is disposed of, directing the petitioner to seek redress from the Divisional Commissioner.
Summary
The petitioner, Aditya Nath, filed a writ petition challenging the selection of respondent No.10, Nishant Kumar, as a dealer under the Public Distribution System (PDS) in Darbhanga. The petition sought relief against the actions of various state officials and agencies. The Court, without examining the merits, noted the amendment issued on 21 July 2022 to the Bihar Authority and Public Distribution System Control (II Amendment Order‑2022). It directed the petitioner to approach the Divisional Commissioner with his grievance, who must consider the matter on its merits, give notice to all parties, hold a hearing, and pass a reasoned order within four weeks. The Court ordered that any order of the Divisional Commissioner be communicated to the parties, thereby disposing of the writ petition.
Issues considered
- What is the appropriate remedy for a grievance regarding the selection of a PDS dealer?
- Does the petitioner have locus standi to challenge the selection under a writ petition?
Subjects
- Public Distribution System
- PDS dealer selection
- Writ petition
- Administrative remedy
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.6618 of 2026
======================================================
Aditya Nath, Son of Manoj Kumar Das, Resident of Village Nanaura, Near
Mobile Tower, PS Keoti, District Darbhanga.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Food and Consumer
Protection Department, Government of Bihar, Patna.
2. The Under Secretary, Food and Consumer Protection Department,
Government of Bihar, Patna.
3. The District Magistrate, Darbhanga.
4. The District Cooperative Officer, Darbhanga.
5. The District Minority Welfare Officer, Darbhanga.
6. The Sub Divisional Officer, Sadar Darbhanga.
7. The Sub Divisional Officer, Keoti, Darbhanga.
8. The Sub Divisional Officer, Biraul, Darbhanga.
9. The District Supply Officer, Darbhanga.
10. Nishant Kumar, Son of Arun Yadav, Resident of Village Andam, PO Koyla
Asthan, PS Keoti, District Darbhanga.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Niranjan Kumar, Adv.
For the Respondent/s : Mr.Addl. Advocate General (04)
======================================================
CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY
ORAL ORDER
2 29-04-2026 Without going into the merits or demerits of the case,
having regard to the amendment issued by notification dated
21.07.2022 to the Bihar Authority and Public Distribution
System Control, IInd Amendment Order-2022.
2. The present writ petition is disposed off with a
direction to the petitioner to approach the Divisional
Commissioner ventilating his grievance against a selection of
the respondent no. 10 as a PDS dealer.
Patna High Court CWJC No.6618 of 2026(2) dt.29-04-2026
2/2
3. On such representation being made, the Divisional
Commissioner shall consider the same on its own merit duly
putting all the parties on notice and then passing a reasoned
order.
4. The entire exercise shall be completed within a
period of four weeks from the date of the receipt of the copy of
the complaint by the Divisional Commissioner.
5. It is needless to mention that before passing any
order, the Divisional Commissioner shall give an opportunity of
hearing to the parties. Any order passed, shall be communicated
to the parties.
(A. Abhishek Reddy , J)
Bhardwaj/-
U
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