Md. Tanweer Alam v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4715 of 2018 ====================================================== Md. Tanweer Alam son of Late Md. Dabiruddin Resident of village - Irshadpur, Police Station - Azamnagar, District - Katihar. ... ... Petitioner/s

Versus

1.

The State Of Bihar through the Principal Secretary, General Administrtion Department, Govt. of Bihar, Patna 2.

The Principal Secretary, Food and Consumer Protection Department, Government of Bihar, Patna.

3.

The Joint Secretary, Food and Consumer Protection Department, Government of Bihar, Patna.

4.

The Divisional Commissioner, Purnea Division, Purnea. 5.

The District Magistrate, Katihar.

6.

The Sub-Divisional Officer, Katihar.

7.

The Block Supply Officer, Block Azamnagar, District - Katihar. 8.

Md. Mehboob Alam son of Abdul Mannan Resident of village - Srikol, Police Station - Azamnagar, District - Katihar. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Md. Rahmatullah, Advocate For the Respondent/s :

Mr. S.Raza Ahmad -AAG 5 ====================================================== CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY ORAL JUDGMENT Date : 25-06-2025

1. The writ petition is filed for the following reliefs:

" For issuance of writ of mandamus or any other appropriate writ order, direction commanding the respondents authority to select the petitioner granting licence for P.D.S. Shop who is deserving candidate in terms of advertisement for the same cancelling the

2/4 selection of the respondent no. 8 granting licence for P.D.S. Shop who is inferior candidate than the petitioner in merit as term and condition laid down in the advertisement No.01/ 2017-2018.

II. For grant of any other relief or reliefs for which the petitioner may be deemed fit and proper in the facts and circumstances of the case."

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. Section 32(iii) 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.Admittedly, from the reliefs prayed for in

3/4 the writ petition, it is evident that the petitioner has an alternative remedy of appeal available under Section 32(iii) of the Bihar Targeted Public Distribution System (Control) Order, 2016.

4. The Learned counsel for the petitioner contended that he intends to file an appeal before the concerned District Magistrate, but the limitation period for filing the appeal has lapsed. He prayed for a direction to the concerned District Magistrate to entertain the appeal in accordance with Section 5 of the Limitation Act.

5. Taking into consideration that the petitioner has an alternative remedy for filing an appeal, the writ petition is disposed of with a direction to the petitioner to file an appeal petition within four weeks from the date of receipt of this order before the concerned District Magistrate. The delay in filing the appeal shall be condoned by the District Magistrate, and the authority shall dispose of the appeal within three months from the date of filing of the appeal.

6. With the above said observation, the

4/4 Writ petition is disposed of.

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

(G. Anupama Chakravarthy, J) Spd/- AFR/NAFR NAFR CAV DATE NA Uploading Date 24.06.2025 Transmission Date