Patna High Court
Humera Khatoon vs The State Of Bihar And Ors on 20 August, 2025
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.22349 of 2018
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Humera Khatoon W/o Md. Mahja, Resident of Village- Bansar, Panchayat-
Khokha North P.S.- Srinagar, District- Purnea.
... ... Petitioner/s
Versus
1. The State Of Bihar through Secretary, Food and Consumer Protection Deptt,
Old Secretariat, Patna
2. The District Level Selection Committee, Purnea through its Chairman.
3. The District Magistrate, Purnea.
4. The Sub-Divisional Officer, Purnea.
5. The Block Supply Officer, K. Nagar, Purnea.
6. Farhana Nasreen, Wife of Hasibur Rahman, Resident of Village- Bansar,
Panchayat- Khokha North, P.S.- Srinagar, District- Purnea.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Vijay Anand
For the Respondent/s : Mr.S. Raza Ahmad- Aag5
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CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY
ORAL JUDGMENT
Date : 20-08-2025
1. The Writ petition is filed for the following
reliefs:-
“(I) For quashing the final
selection list issued under the signature
of respondent nos. 2 to 4 by which the
name of respondent no.6 be selected
and recommended for grant of PDS
license in Khoka North Panchayat, Block
Srinagar, Sub-division Sadar, District
Purnea after rejecting the candidature
of petitioner for grant of PDS License on
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the ground that the petitioner. has
failed to fill up the clause 3 to 5 of the
application form.
(ii) Further be pleased to direct
the competent authority to prepare
fresh considering the candidature merit
list of the petitioner and selected her
for grant of license in Khokha North
Panchayat.”
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
Patna High Court CWJC No.22349 of 2018 dt.20-08-2025
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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-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
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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 representation
before the concerned authority, but the limitation
period for filing the 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
representation, the Writ petition is disposed of with a
direction to the petitioner to file representation
within one month from the date of receipt of this
order before the concerned authority. The delay in
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filing the representation 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 21.08.2025 Transmission Date