Patna High Court
Chandeshwar KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- A ABHISHEK REDDY
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
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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
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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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