Santosh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7238 of 2019 ====================================================== Santosh Kumar Son of Sri Umesh Prasad Yadav Resident of Village-Itahri, P.S. and District-Supaul ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Department of Food and Civil Supply, Government of Bihar, Patna.

2.

The Principal Secretary, Department of Food and Civil Supply, Government of Bihar, Patna.

3.

The District Magistrate, Supaul 4.

The Sub-Divisional Officer, Supaul 5.

Abhishek Kumar Son of Navin Prasad Yadav Resident of Village-Itahri, P.S. and District-Supaul ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Pramod Mishra, Adv.

For the Respondent/s :

Mr. S. Raza Ahmad (AAG-5) ====================================================== CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY ORAL JUDGMENT Date : 16-09-2025

1. The writ petition is filed for the following reliefs:

"That this writ application is being filed for a direction to the respondents concerned to consider the case of the petitioner for allotment of Public Distribution System Shop as the petitioner under the category of backward caste applied for PDS shop under Gram Panchayat Hardi West (Ward No. 9) under Block- Supaul, District

2/5 Supaul. But without considering his application form properly, the license to run Public Distribution System shop has illegally been issued in favour of the Private Respondent No. 5 and/or any other relief/ reliefs, writ/ writs, order/ orders, direction/ directions for which the petitioners are found to be entitled in the facts and circumstances of the case.

2. At this juncture, the Learned counsel for the respondents contended that Section 32(iii) of the Bihar Targeted Public Distribution System (Control) Order, 2016 provides for the provision of appeal and Section 32(vi) of the Bihar Targeted Public Distribution System (Control) Order, 2016 provides for the provision of revision. Section 32(iii) 32(v) and 32(vi) read as follows:

"32 (iii). Any person aggrieved by an order of the licensing authority denying the issue or renewal of the license to the fair price shop owner or cancellation of the license may appeal to the District Officer within thirty days of the date of receipt of the order and the District Magistrate shall, as far as

3/5 practicable, dispose the appeal within a period of sixty days."

32. (v) Till the disposal of appeal pending, the Appellate Authority may direct that the order under appeal shall not take effect for such period as the authority may consider necessary for giving a reasonable opportunity to the other party under sub-clause (4) or until the appeal is disposed of, whichever is earlier.

(vi) Due to non disposal of the appeal within sixty days by the District Officer or against the order passed in the appeal, a revision may be filed before the Divisional Commissioner. The revision shall be disposed of within two months.

3. Admittedly, from the reliefs prayed for in the writ petition, it is evident that the petitioner has an alternative remedy under the provisions of Bihar Targeted Public Distribution System (Control) Order, 2016.

4. The remedy available under the Act is to prefer an appeal before the District Magistrate. As

4/5 the District Magistrate is the head of the Selection Committee he cannot review his orders in an appeal. Therefore, the petitioner is directed to file a complaint/application before the Divisional Commissioner.

5. The Learned counsel for the petitioner contended that he intends to file a complaint/application before the concerned authority, but the limitation period for filing the same has lapsed. He prayed for a direction to the concerned authority to entertain the same in accordance with Section 5 of the Limitation Act. 6.

Taking into consideration that the petitioner has an alternative remedy for filing complaint/application, the writ petition is disposed of with a direction to the petitioner to file complaint/application within one month from the date of receipt of this order before the concerned

5/5 authority.

The delay in filing the complaint/application shall be condoned by the authority concerned, and the authority shall dispose of the same within three months from the date of filing of the same.

7. With the above said observation, the Writ petition is disposed of.

8. Interlocutory Application(s), if any, shall stand disposed of.

(G. Anupama Chakravarthy, J) Manish/- AFR/NAFR NAFR CAV DATE N/A Uploading Date 18.09.2025 Transmission Date