Pooja Kumari v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15475 of 2018 ====================================================== Pooja Kumari W/o-Harinandan Kumar Manjhi, R/o Village-Barhmottar, P.S.- Baheri, District-Darbhanga.

... ... Petitioner/s

Versus

1.

The State Of Bihar and Ors 2.

The District Magistrate-Cum-Chairman of the District Selection Committee, Public Distribution Syste 3.

District Supply Officer-cum Secretary of the District Selection Committee, Darbhanga.

4.

Sub Divisional Officer, Benipur, Darbhanga.

5.

District Selection Committee of the Public Distribution System, Darbhanga through its Chairman, Dis 6.

Khushbu Kumari, Shudesh Ram, R/o Village-Kumhradih, P.O.-Gajrauli Ramouli, P.S.-Baheri, District-Darbhanga.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Baidya Nath Thakur For the Respondent/s :

Mr.S.Raza Ahmed -Aag5 ====================================================== CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY ORAL JUDGMENT Date : 11-07-2025

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

"(i) For quashing the order dated 19.05.2018 passed by the District Selection Committee of the Public Distribution System, Darbhanga(R.5) whereby the recommendation of the petitioner for fair price ship license under the Public Distribution System in Gram Panchayat Raj GujrauliRamouli in Baheri

2/4 Block of Darbhanga district has been cancelled and instead selection of private respondent (Khushbu Kumari) recommended.

(ii) For direction to the District Selection Committee of the Public Distribution System, Darbhanga (R.5) to finally select and recommend the name of the petitioner for fair price ship license under the Public Distribution System in Gram Panchayat Raj GajrauliRamouli in Baheri Block of Darbhanga District.

Furthermore any other writ(s) may be issued, direction(s) given or order(s) passed which the petitioner is entitled to 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

3/4 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 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 within four weeks from the date of receipt of this order before the concerned District Magistrate. The delay

4/4 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 Writ petition is disposed of.

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

(G. Anupama Chakravarthy, J) amitkr/- AFR/NAFR NAFR CAV DATE N/A Uploading Date 11.07.2025 Transmission Date N/A