Manju Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13093 of 2019 ====================================================== Manju Kumari W/o Guddu Sahni, Resident of Village and P.O.- Kolhua Paigambarpur, P.S. Ahiyapur, District- Muzaffarpur. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Secretary, Food and Consumer Protection Department, Govt. of Bihar, Patna.

2.

The District Magistrate, Muzaffarpur.

3.

The District Supply Officer, Muzaffarpur.

4.

The Block Supply Officer, Kanti Block, Muzaffarpur. 5.

The Licensing Authority-Cum-Sub Divisional Officer, Muzaffarpur(West). 6.

The District Co-operative Officer, Muzaffarpur. 7.

The Divisional Commissioner, Tirhut Division, Muzaffarpur, 8.

Anita Kumari, W/o Shyam Sunder Kumar, Resident of Village- Kolhua Paigambarpur, P.S. Ahiyapur, District- Muzaffarpur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Chandra Shekhar Anand For the Respondent/s :

Mr.Arvind Ujjwal (SC-4) ====================================================== CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY ORAL JUDGMENT Date : 14-10-2025

1. The writ petition is filed for the following reliefs:- "(i) For issuance of writ/writs, direction/directions commanding the respondents to issue the License for Fair Price Shop to the petitioner for the Gram Panchayat Raj Kolhua Paigambarpur, Block- Kanti, District- Muzaffarpur, for which the petitioner has been submitted

2/5 her application before the Licensing Authority, West, Muzaffarpur.

(ii) For, issuance of writ/writs, direction/directions to the respondents to stay the further proceeding of issuing of license for Fair Price Shop for the Gram Panchayat Raj Kolhua Paigambarpur, District- Muzaffarpur.

(iii) For any other relief/relief(s) for which the petitioner is found entitled by the Hon'ble Court."

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

3/5 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 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 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 observations, the Writ petition shall stand disposed of.

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

(G. Anupama Chakravarthy, J) vinita/- AFR/NAFR NAFR CAV DATE NA Uploading Date 16.10.2025 Transmission Date