Pinki Kumari @ Pinki Devi v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19023 of 2018 ====================================================== Pinki Kumari @ Pinki Devi wife of Sikendra Ram, Resident of VillageGambhirpur, Panchayat- Maheshua, P.O.- Lakshmipur, P.S. and BlockTriveniganj, District- Supaul. ... ... Petitioner/s

Versus

1.

The State Of Bihar through the Chief Secretary, Government of Bihar, Patna 2.

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

3.

The Collector, Supaul.

4.

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

District Supply Officer, Supaul.

6.

Director, D.R.D.A., Supaul.

7.

Additional Collector, Supaul.

8.

Kundan Kumari, Daughter of Mohan Paswan, Wife of Chandan Kumar Paswan, Village and P.O.- Lakshmipur, P.S. and Block- Triveniganj, District Supal. Present addreas Resident of Village- Sihraul, Ward No. 13, Panchayat, Maheshpur, P.S. and Block- Pipra, District- Supaul. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Madhav Jha For the Respondent/s :

Mr.Arvind Ujjwal- SC-4 ====================================================== CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY ORAL JUDGMENT Date : 24-07-2025

1. The writ petition is filed for the following reliefs: (i) For issuance of a writ of certiorari for quashing of the selection of Respondent no. 8 vide order dated 20.07.18 as PDS dealer of Maheshua Panchayat, BlockTriveniganj, District-Supaul. (ii) For issuance of a writ in the nature of mandamus directing and commanding

2/5 the respondents concerned to consider and select the petitioner as PDS dealer on its merits as claimed herein within a time frame, be issued.

(iii) For any other appropriate writ/order or direction.

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

4/5 Targeted Public Distribution System (Control) Order, 2016.

4. The remedy available under the Act is to prefer an appeal before the District Magistrate. As 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 representation 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 representation, the writ petition is disposed of with a direction to the petitioner to file representation within one month from the date of receipt of this order before the concerned authority. The delay in

5/5 filing the representation 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 observations, the Writ petition shall stand disposed off.

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

(G. Anupama Chakravarthy, J) vinita/- AFR/NAFR NAFR CAV DATE NA Uploading Date 28.07.2025 Transmission Date