Dharmendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17120 of 2019 ====================================================== Dharmendra Kumar Son of Bharat Ram, R/o Village- Rajpur, P.S. Bhagwanpur, District- Kaimur at Bhabua.

... ... Petitioner/s

Versus

1.

The State of Bihar through Special Secretary of Food and Consumer Protection Department, State of Bihar, Patna. 2.

The District Magistrate Cum President of District Selection Committee, Kaimur at Bhabua.

3.

The District Supply Officer, Kaimur at Bhabua. 4.

The Sub Divisional Officer, Bhabua, District Kaimur at Bhabua. 5.

The Block Supply Officer, Bhagwanpur, Kaimur at Bhabua. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ashutosh Tripathy, Adv For the Respondent/s :

Mr.Arvind Ujjwal (Sc4) ====================================================== CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY ORAL JUDGMENT Date : 17-10-2025

1. The Writ petition is filed for the following reliefs:-

1. For issuance of an appropriate writ/order/direction to quash the letter No. 692 dated 19.09.2018 issued by District Magistrate-Cum-President of District Selection Committee, Kaimur at Bhabua by which, he has alloted to PDS shops pertaining to Bhagwanpur Block, District- Kaimur which was mentioned at Sl. No. 25 of the selection list.

1/A. That the petitioner further prays for issuance of any other appropriate writ/order/direction upon the respondent authorities to consider the case of the petition for issuance of license for PDS against the U/R Kota.

2/4 1/B. That the petitioner further prays for issuance of any other appropriate writ/order/direction to which, he is found entitled to.

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."

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-

3/4 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 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

4/4 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 two months from the date of receipt of this order before the concerned 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) Amandeep/- AFR/NAFR NAFR CAV DATE N/A Uploading Date 17.10.2025 Transmission Date