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Judgment
Date : 17-08-2026
The petitioner has filed the Writ petition for the following reliefs:
“ That, this is an application for issuance of writ/writs, order/orders quashing the order dated 12.11.2022 passed in Supply Revision No.-22/2022 passed by Learned Divisional Commissioner, Munger, by which and where under the Learned Commissioner has been pleased to dismissed the application filed by the petitioner. a) For issuance of writ/writs, direction/directions, order/orders commanding the respondents to issue the License of Fair Price Shop under Bihar Targeted Public Distribution System in favour of the petitioner for which she had applied in the year 2017, under Amaiya Gram Panchayat, Block Tarapur, District- Munger, by setting aside the order dated 12.11.2022 passed in Supply Revision Case No.- 22/2022, passed by The Divisional Commissioner, Munger by which and where under the Learned Divisional Commissioner has been pleased to dismissed the Revision application filed by the petitioner against the selection of Respondent no.-10 for Fair Price Shop under Bihar Public Distribution System.
b)For issuance of writ/writs, direction/directions to the respondents to cancel the License, which has been issued in favour of Respondent no.-10 by setting aside the order passed by Learned Sub-Divisional Officer, Tarapur, Munger vide Memo no.-41. Dated 08.01.2019.
c)For, issuance of writ/writs, direction/directions to the respondents to stay the functioning of Fair Price Shop of respondent no.-10, under Public Distribution System for the Gram Panchayat Amaiya and also stay the allotment of food grains to the respondent no.-10 till disposal of the case.
d)For, any other relief/relief(s) for which the petitioner is found entitled by the Hon'ble Court.”
At the outset, the Learned Counsel for the respondents draws the attention of this Court to Section 32 (vii) of the Bihar Targeted Public Distribution System (Control) Order, 2016.
For better appreciation of the facts of the case, Section 32 (vii) of the Bihar Targeted Public Distribution System (Control) Order, 2016 is reproduced hereinbelow:
“32.(vii) The Principal Secretary/ Secretary of the department may call for the records related to the order passed under the provisions of this Order by the Divisional Commissioner or the District Officer or the licensing authority or the Sub Divisional Officer suo moto or upon a representation by someone, and if he is satisfied that the Divisional Commissioner or the District Officer or the licensing authority or the Sub Divisional Officer
(a)has exercised such powers which are not entrusted to him,
(b)has exercised his powers illegally without considering the facts of the case,
(c)has failed in use of his powers, he may pass an order which he thinks fit.”
Heard the Learned counsel for the petitioner and the Learned counsel for the respondents.
Admittedly, from the reliefs prayed for in the writ petition, it is evident that the petitioner has an alternative remedy of filing a representation available under Section 32(vii) of the Bihar Targeted Public Distribution System (Control) Order, 2016.
Taking into consideration, without going into the merits or demerits of the case, that the petitioner has an alternative remedy of filing a representation before the Principal Secretary, under Section 32 (vii) of the Bihar Targeted Public Distribution System (Control) Order, 2016 against the impugned orders, the writ petition is disposed of with a direction to the petitioner to file the representation within four weeks from the date of receipt of this order before the Principal Secretary. The delay in filing the representation, if any, shall be condoned by the Principal Secretary, and the authority shall dispose of the representation within three months from the date of filing of the same.
It is needless to mention that before passing any order, all the concerned parties shall be put on notice and given an opportunity of hearing. Any order passed shall be communicated to the party.
With the above observations, the present writ petition stands disposed of.
Interlocutory Application(s), if any, shall stand disposed of.