Janki Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16654 of 2022 ====================================================== Janki Devi Wife of Luxmi Singh, Resident of Mohalla- Nurganj, Ward No. 35, P.O. and P.S.- Sasaram, District- Rohtas. ... Petitioner

Versus

1.

The State of Bihar through the Secretary, Food and Civil Supply Department, Government of Bihar, Patna.

2.

The Collector, Rohtas.

3.

The Sub-Divisional Officer, Sasaram.

4.

The District Supply Officer, Sasaram.

5.

The Marketing Officer, Sasaram.

6.

Hiran Kumari Wife of Anoj Kumar, Ward No. 35, Mohalla- Nurganj, P.O. and P.S. Sasaram, District- Rohtas. ... Respondents ====================================================== Appearance :

For the Petitioner :

Mr.Rajesh Kumar Singh, Adv.

For the Respondents :

Mr. Anisul Haque, AC to AAG V ====================================================== CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY ORAL ORDER 22-07-2025 Heard the parties.

2. The present writ petition has been filed for the following relief(s) :

"............... for issuance of an appropriate writ/writs, direction/directions, order/orders to the respondents to cancel the selection list dated 25.10.2018 issued under the signature of Sub Divisional Officer, Sasaram of License of PDS Dealer with regrd to Ward No. 35 under Nagar Parishad, Sasaram which is placed at Sl. No. 48 (Respondent No. 6) who is not fully adopted the guideline/selection process."

3. Even though the learned counsel appearing on

Patna High Court CWJC No.16654 of 2022(7) dt.22-07-2025 2/3 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 off 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. 6 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 shall pass orders strictly in accordance with law within a period of eight weeks thereof. It is needless to mention that before

Patna High Court CWJC No.16654 of 2022(7) dt.22-07-2025 3/3 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) Shamshad/- U