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Judgment
The present Writ petition is filed for the following reliefs:-
“That this is an application for issuance of appropriate writ/writs, order/orders and direction/directions to quash the order dated 20-01-2022 contained in memo No.76 by which the Ld. Sub Divisional Officer, Sadar Gaya has ceased the existence of the petitioner's P.D.S. License No. 01/2020 carrying on business under the Public Distribution System as a P.D.S dealer and for direction upon the respondent No. 3 to continue allocation to the Public Distribution System Shop of the petitioner and/or pass such other order(s) as your Lordships may deem fit and proper under the facts and circumstances of the case.”
At this juncture, the Learned counsel for the respondents contended that Rule 5(iv) of Bihar Targeted Public Distribution System (Control) Order, 2016 gives ample opportunity to prefer a complaint before the Divisional Commissioner. For better appreciation of the case, Rule 5(iv) is incorporated:-
“Rule 5(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.”
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.
The remedy available under the Act is to be availed at the first instance, before approaching the Court. Therefore, the petitioner is directed to file a complaint/application before the Divisional Commissioner. However, the limitation period for filing such complaint has been lapsed.
Taking into consideration that the petitioner has an alternative remedy for filing complaint/application, the Writ petition is disposed of with a direction to the petitioner to file complaint/application within one month from the date of receipt of this order before the concerned authority. The delay in filing the complaint/application shall liberally be condoned by the Divisional Commissioner, as the Writ petition was filed in the year 2022 itself. Further, the Divisional Commissioner shall dispose of the complaint, through a reasoned speaking order in accordance with law within three months from the date of filing of the complaint.
With the above said observation, the Writ petition is disposed of.
Interlocutory Application(s), if any, shall stand disposed of.