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Patna High Court

Chandeshwar KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The writ petition is dismissed as the petitioner must first pursue the remedy before the Divisional Commissioner under the 2022 amendment order.

Summary

Chandeshwar Kumar applied for a licence to become a PDS dealer in his gram‑panchayat but his application was rejected by the District Selection Committee on 13‑12‑2024 on grounds of alleged family business interests and incomplete documentation. He subsequently submitted an affidavit and rent receipt, contended that the post was reserved for B.C. caste while he belongs to E.B.C. caste, and filed a writ petition seeking certiorari to quash the DSC decision and various directions to the Collector. The respondents argued that under the Bihar Targeted Public Distribution System (Control) Second Amendment Order, 2022, the Divisional Commissioner is the competent authority to entertain such complaints. The Court held that the petitioner has an alternative and efficacious statutory remedy before the Divisional Commissioner and therefore the writ petition cannot be entertained. Consequently, the Court directed the petitioner to approach the Divisional Commissioner within four weeks and dismissed the writ petition.

Issues considered

  • Whether the High Court can entertain a writ petition for quashing the decision of the District Selection Committee when an alternative statutory remedy exists under the Bihar Targeted Public Distribution System (Control) Second Amendment Order, 2022.
  • Whether the petitioner is entitled to relief of certiorari, directions to the Collector, and other benefits concerning the PDS dealer selection.

Legislation cited

Subjects

  • PDS dealer licence
  • certiorari
  • alternative remedy
  • reservation policy
  • Bihar public distribution system
  • District Selection Committee
  • High Court jurisdiction
  • administrative law

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 Civil Writ Jurisdiction Case No.9354 of 2025
                  ======================================================
                  Chandeshwar Kumar, Son of Brij Kishore Prasad, Resident of Village-
                  Jokatiya, Ward No. 17, P.S.- Manjhauliya, District- West Champaran, Bettiah.

                                                                        ... ... Petitioner/s
                                                     Versus
            1.    The State of Bihar through Principal Secretary, Food and Civil Supply
                  Department, Govt. of Bihar, Patna.
            2.    The Principle Secretary, Food and Civil Supply Department, Govt. of Bihar,
                  Patna.
            3.    The Director, Food and Civil Supply Department, Govt. of Bihar, Patna.
            4.    The Divisional Commissioner, Tirhut Division, Muzaffarpur.
            5.    The District Selection Committee, West Champaran, Bettiah through its
                  Chairman, Magistrate, West Champaran, Bettiah.
            6.    The Collector-cum-District Magistrate, West Champaran, Bettiah.
            7.    The District Supply Officer, West Champaran, Bettiah.
            8.    The Sub Divisional Officer, Sadar, West Champaran, Bettiah.
            9.    Koleshwar Thakur, Son of Bigu Thakur, Resident of Village- Jokatiya, Ward
                  No. 17, P.S.- Manjhauliya, District- West Champaran, Bettiah.

                                                            ... ... Respondent/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s    :      Mr. Sharda Nand Mishra, Advocate.
                                                 Mr. Sumit Kumar Gupta, Advocate.
                  For the Respondent/s    :      Mr. Standing Counsel (25)
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY
                                     ORAL ORDER

10   15-05-2026                   Heard the learned counsel for the parties.

                                  2. The present Writ Petition has been filed for the

                    following reliefs:-

                                                   “(i) For issuance of writ in the nature
                                         of certiorari for quashing the decision of the
                                         District     Selection    Committee,        West
                                         Champaran, Bettiah held on 13.12.2024 by
                                         which application of the respondent no.09
Patna High Court CWJC No.9354 of 2025(10) dt.15-05-2026
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                              recommended for issue licence for PDS dealers
                              and rejected application of the petitioner for
                              PDS dealers in Grampanchayat Raj, Jokatiya,
                              rejected on ground that as per enquiry report,
                              his uncle has Atta Chaki Mills and
                              subsequently recommended for rejection of his
                              application that he has not submitted
                              khatiyan /kewala /revenue receipt relating to
                              place of business and further stated that his
                              applications is not completed, hence as per
                              recommendation rejected application in
                              meeting dt. 13.12.2024, whenever petitioner
                              submitted affidavit by stating that no Atta
                              Chaki Mills and Govt. service in his family and
                              reletive and he has submitted rent recipt of the
                              khatiyani land to the place of business.
                                          (ii)     For       further     quashing
                              recommended for issue licence for selection
                              PDS dealers in Grampanchayat Raj, Jokatiya to
                              the respondent no.09, whenever he is belong to
                              E.B.C. Caste, said post is reserved for
                              B.C.Caste.
                                          (iii) For further issue direction to the
                              respondent no. 6 Collector -cum-District
                              Magistrate, West Champaran, Bettiah for
                              considering to the PDS Appeal Case No.../2025
                              filed by the petitioner on 18.02.2025 against the
                              rejec tion of his application by meeting dt.
                              13.12.2024.
                                          (iv) For further issued direction to
                              respondent no.6 to supply PDS Appeal Case
                              number, which has filed by the petitioner on
                              18.02.2025 but till today number of the appeal
                              has not been supplied to the petitioner even
                              after filing the appeal the respondent no.6 asked
                              to the respondents concerned to take action as
                              per the appeal.
                                          v) For further issue direction to
                              respondent no.6 for considering the PDS Ap
Patna High Court CWJC No.9354 of 2025(10) dt.15-05-2026
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                              peal Case filed by the petitioner for selection
                              for PDS dealer within Gram-panchayat Raj,
                              Jokatiya, on the ground, he has requisite
                              qualification and his name on the merit list at
                              Serial No. 1 and submitted all required paper
                              and documents.
                                         (vi) For further give other legal
                              consequential benefit to the petitioner.”

                      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
           Patna High Court CWJC No.9354 of 2025(10) dt.15-05-2026
                                                      4/4




                     the Divisional Commissioner ventilating his 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.

                                 6. With the above direction, the present writ petition

                     stands disposed of.



                                                         (A. Abhishek Reddy, J)
shakir/-

U


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