Kiran Mourya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8481 of 2026 ====================================================== Kiran Mourya Wife of Sushil Yadav, Resident of Village and P.O- Laharnia, P.S.- Triveniganj, District- Supaul.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Food and Consumer Protection Department, Old Secretariat, Patna. 2.

The Commissioner, Koshi Division, Saharsa.

3.

The District Magistrate cum Chairman, District Selection Committee, Supaul, District- Supaul.

4.

The Sub-Divisional Officer, Triveniganj, District- Supaul. 5.

Aarushi Priya, Daughter of Subhash Kumar Suman, Resident of VillageLaharnian, Post- Mirjawa, Panchayat- Mirjawa, P.S.- Triveniganj, DistrictSupaul. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rajeev Kumar Labh For the Respondent/s :

Mr. Government Pleader (04) ====================================================== CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY ORAL ORDER 23-06-2026 Heard the learned counsels for the parties.

The present writ petition has been filed for the following relief(s):- "1. That this writ application is being filed on behalf of the petitioners above named for issuance of an appropriate writ, order and direction for quashing the decision passed by the District Selection Comniittee, Supaul in a meetirig held under the Chairmanship of District Magistrate, Supaul dated 18/3/2026 issued the same vide Memo No. 241 dated 18/3/2026 by which final merit list has been affirmed unanimously and several direction have been issued to the authorities concerned regarding the recommendation and selection of P.D.S. license under the signature of the same and others authorities concerned whereby and where under candidature of the petitioner whose name was

Patna High Court CWJC No.8481 of 2026(2) dt.23-06-2026 2/3 mentioned in top of the merit list at Sr. No. 1 for issuance of P.D.S. license has been rejected on the sole ground of a circular of the department stating that the petitiorier is a member of Nentara Self Help Group but she has not authorized and further name of the privatę respondent namely Aarushi Priya whose name was mentioned at Sr. No. -2 has been recommended for selection for the same and further may direct the S.D.O., Triveniganj to cancel the P..D.S. license if any issued in the place of the petitioner and issue license in name of the petitioner for which she is erititle in accordance with law, and may kindly direct the respondent S.D.O. to not make any allotment if license has been issued in place of the petitioner to another person til final order of this writ application."

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 off 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

Patna High Court CWJC No.8481 of 2026(2) dt.23-06-2026 3/3 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 the Divisional Commissioner ventilating her gievance against a selection of the Respondent No. 05 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) Ayush/- U