AI Structured Summary
Not yet generated for this judgment
Judgment
Date : 06-08-2026
The Writ petition is filed for issuance of an appropriate writ, order or direction commanding the respondents to allot Distribution Ship of Public Distribution Shop to the petitioner for the Khutha, Panchayat Dahma Khairi Khutha, Block - Alauli, District - Khagaria as the same was wrongfully allotted to private respondent no. 9, not following the provisions and rule which provides that applicant not posses any Govt. post or elected post while private respondent no. 9 is posted on the post of Secretary of Gram Panchayat Dahma Khairi Kutha and also mother of respondent no. 9 basis a post of PACS and/or for any other order/orders as your lordships may deem fit and proper under the circumstances of the case.
The brief facts, as culled out of the Writ petition are that the the petitioner applied for allotment of a Public Distribution Shop and upon scrutiny of his application, merit list was prepared in which the petitioner was placed at Serial No.3. However, the applicant who was at Serial No.2 i.e. private respondent No. 9, was allotted P.D.S. Shop license. Despite an objection having being filed before the District Supply Officer, Khagaria dated 07.09.2018 no action was taken. Being aggrieved by the same, the petitioner also submitted an application before the District Collector, seeking cancellation of the allotment of the P.D.S. Shop in favour of the private respondent No.9. As no action was taken, the present Writ petition is filed.
Heard the Learned counsel for the petitioner as well as the Learned counsel for the respondents. Perused the records.
On perusal of the materials available on record, it clearly disclose that the petitioner preferred an objection for allotting the P.D.S. Shop to the private respondent No.5 before the District Supply Officer, Khagaria dated 07.09.2018.
It is pertinent to mention, Rule 5 of Bihar Targeted Public Distribution System (Control) Order, 2016 read as follows:
“5. District Level Selection Committee and Issue of License. -
The applicants, for a fair price shop license, shall submit their applications to the concerned licensing authority. The individual, in schedule 01, Self Help Groups and Cooperative Societies of Women/Ex-Serviceman in schedule 02 shall submit their applications. The licensing authority shall get the applications examined and inquired into by the Block Supply Officer/Supply Inspector, and with his recommendation shall submit it to the District Level Selection Committee for consideration.
The Selection Committee shall consist of the following officers :-
Chairman – The District Magistrate Secretary – Additional District Magistrate (Supply) for the Patna district, and for the other districts District Supply Officer.
Members – (a) The Sub Divisional Officer of the concerned Subdivision.
(b)A scheduled caste/scheduled tribe officer posted in the district.
(c)The District Co-
operative Officer of the district.
The license of a fair price shop shall be issued by the licensing authority to the candidate selected by the committee after realizing the license fee through treasury challan from him. The license shall be issued in schedule 03. An application for a fair price shop shall be disposed off within a month from its receipt.
1[(i) In the light of the advertisement published under clause-9 (viii) of the Bihar Targeted Public Distribution System (Control) Order, 2016 the Licensing Officer shall properly scrutinise the applications received and send provisional merit list with his recommendation displaying the vacancy-wise merit rank through District Supply Officer to the District-Level Selection Committee.
(ii)After that, with the permission of the District-Level Selection Committee, the provisional merit list shall be published on the notice board of the District Supply Officer and the Sub-Divisional Officer concerned. An opportunity shall be given to the aggrieved applications to submit the written claims/objections before the concerned District Supply Officer within 15 days from the date of its publication .
(iii)Within 15 days from the last date of receipt of claim/objection and after disposal of each of them as per law with a brief remark, the final merit list shall be published by the District-Level Selection Committee.
(iv)Any aggrieved applicant against the recommendation embodied in the publication of the final merit list may file a complaint before the Divisional Commissioner within 15 days mentioning clear reasons with the evidences. The Divisional Commissioner will dispose vacancy-wise complaints. All complaints will be disposed of within a maximum period of 30 days from the date of its receipt.
(v)In all such cases in which no complaint has been filed before the Divisional Commissioner against the final merit list within the prescribed period, the Licensing Officer shall issue the license through the prescribed procedure. But in case wherein the complaint has been filed before the Divisional Commissioner, the license shall be issued in the light of the said order of the Divisional Commissioner.
(vi)The order passed by the Divisional Commissioner against the decision of the District-Level Selection Committee shall be final.]”
As per the abovesaid provision, if at all any party/aggrieved applicant is against the recommendations of the final merit, the appropriate remedy available for the aggrieved applicant is to prefer a complaint against the Divisional Commissioner, within 15 days mentioning clear reasons with evidences. In turn, the Divisional Commissioner shall dispose of vacancy-wise complaints, within a maximum period of 30 days from the date of its receipt.
In the present case it is for the petitioner to file a complaint before the Divisional Commissioner. Without following the above said available remedy, the petitioner has preferred a complaint before the District Supply Officer, Khagaria dated 07.09.2018, who has no role to pass any order.
Admittedly, from the reliefs prayed for in the Writ petition, it is evident that the petitioner has an alternative remedy under Rule 5 of Bihar Targeted Public Distribution System (Control) Order, 2016.
The Learned counsel for the petitioner submits that the petitioner intends to file a complaint before the concerned authority, but the limitation period for filing the same has lapsed. He, therefore, prays for a direction to the concerned authority to entertain the same in accordance with Section 5 of the Limitation Act.
Taking into consideration that the petitioner has an alternative remedy for filing complaint, the Writ petition is disposed of with a direction to the petitioner to file complaint within one month from the date of receipt of this order before the concerned authority. The delay in filing the complaint 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, in accordance with law.
With the above said observation, the Writ petition is disposed of.
Interlocutory Application(s), if any, shall stand disposed of.