Ram Lochan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14958 of 2019 ====================================================== Ram Lochan Yadav S/o Late Guddar Yadav Vill.- Tilauth, P.s.- Ghoghardiha, Distt.- Madhubani ... ... Petitioner/s

Versus

1.

The State of Bihar through the District Magistrate, Madhubani 2.

The District Magistrate Madhubani 3.

The District Supply Officer Madhubani 4.

The Sub-Divisional Officer Phulpras, Distt.- Madhubani 5.

The Block Supply Officer Ghoghardiha, Distt.- Madhubani 6.

Sri Jailendra Kumar Yadav S/o Upendra Yadav vill.- Inarwa, P.o.- Jageshwar Asthan, P.s.- Phulpras, Distt.- Madhubani ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Suraj Narain Yadav, Adv.

For the Respondent/s :

Mr. S.Raza Ahmad (AAG-5) ====================================================== CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY ORAL JUDGMENT Date : 13-10-2025

1. The writ petition is filed for the following reliefs:- "That this is an application for issuance of a writ in the nature of certiorari to quash the decision dated 25.02.2019 of the Selection Committee for selection of the PDS Dealer for PDS shops, so far as it relates to item No. 9 relating to Inarwa Gram Panchayat of the Ghoghardiha Block, Madhubani, district, whereby the candidature of the petitioner has been rejected and recommendation

2/5 for selection of the respondent No. 6 has been made for PDS Dealer licence and further for issuance of writ in the nature of Mandamus and /or any other appropriate writ, order or direction for the licence of PDS Dealer of Inarwa Gram Panchayat under Ghoghardiha Block, District, Madhubani."

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

3/5

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 the District Magistrate is the head of the Selection

4/5 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 authority.

The delay in filing the

5/5 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 16.10.2025 Transmission Date