Anil Kumar Singh @ Anil Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.16373 of 2022 ====================================================== Anil Kumar Singh @ Anil Kumar, S/o Ramniyadi Yadav, R/o Village-Garke, P.S. Adhoura, District Kaimur at Bhabua ... ... Petitioner/s
Versus
1.
The State of Bihar through the Secretary, Food and Consumer Protection Department, Bihar Patna.
2.
The District Magistrate Cum President of District Supply Selection Committee, Kaimur at Bhabua 3.
The District Supply Officer, Kaimur at Bhabua 4.
The Assistant District Supply Officer Kaimur at Bhabua 5.
Sub-Divisional Officer (Supply), Bhabua, Kaimur at Bhabua 6.
Block Supply Officer, Adhoura, Kaimur at Bhabua 7.
Block Supply inspector, Adhoura, Kaimur at Bhabua 8.
Amerenath Paswan S/o Ram Govind Paswan R/o Village-Sakri, P.S. Adhoura, District Kaimur at Bhabua ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Tribhuwan Narayan, Adv.
For the Respondent/s :
Mr.S. Raza Ahmad ( AAG 5 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY ORAL ORDER 22-04-2025 Heard the learned counsels for the parties.
2. The present writ petition has been filed for the following relief(s):- " ............... for issuance of writ in nature of Mandamus or any other appropriate writ/writs to direct the respondent authorities (District Supply Selection Committee) to cancel the selection/P.D.S. license of Respodent No. 8 and select the petitioner for granting P.D.S licence for Kolhuwa Panchayat (unreserved-2) for which petitioner was found above in the merit list but finally he has not been selected
Patna High Court CWJC No.16373 of 2022(5) dt.22-04-2025 2/3 on false ground to run flour mill."
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 of 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 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 his grievance against a selection of the Respondent No. 8 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
Patna High Court CWJC No.16373 of 2022(5) dt.22-04-2025 3/3 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 off.
(A. Abhishek Reddy , J) Bhardwaj/- U