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Judgment
Date : 21-08-2026
The petitioner has filed the Writ petition for the following reliefs:
“(i)To issue an appropriate order/s, direction/s including a writ preferably in the nature of CERTIORARI for quashing the order dated 18-07- 2023 passed by the learned Commissioner,, Tirhut Division Muzaffarpur in in P.D.S. Appeal Case No. 41 20203 by which he has been rejected the appeal filed by the petitioner by saying that there is no necessity interference in the decision of District level Selection Committee.
(ii)To direct the respondent to issue fair price shop license under Clause 8 of Bihar Targeted (Control) order 2016 to the petitioner for village-Shivdaha- 63, Panchayat Shivdaha within Gaighat Block of District-Muzaffarpur.
(iii)To direct the respondents to issue fair price shop license in favour of the petitioner taking into the consideration that the petitioner is unemployed lady and fulfills all requisite qualification/criteria and highest marks than the other candidates for the sameand private respondent is lessor marks than the petitioner.
(iv)To any other relief/s to which the petitioner may be found entitled in the facts and circumstances of the case.”
At the outset, the Learned Counsel for the petitioner draws the attention of this Court to Rule 32 (vii) of the Bihar Targeted Public Distribution System (Control) Order, 2016.
For better appreciation of the facts of the case, Rule 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.
Without going into the merits or demerits of the case, having regard to the fact that the petitioner has an alternative and effective remedy of filing a representation before the Principal Secretary, under Rule 32 (vii) of the Bihar Targeted Public Distribution System (Control) Order, 2016 against the impugned order. The present Writ petition is disposed of granting liberty to the petitioner to file a representation before the Principal Secretary challenging the order of the Revisional/Appellate Authority and order of cancellation withing a period of three months from today. On such representation being made, the Principal Secretary shall pass necessary orders strictly in accordance with law.
Further, if there is any delay in preferring the representation, the authority shall liberally construe the limitation period as the petitioner has approached this Court within time.
It is needless to mention that before passing any order the petitioner shall be put on notice and given an opportunity of hearing. The entire exercise shall be completed within a period of three months from the date of receipt of the representation. 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.
(G. Anupama Chakravarthy, J)
Spd/-
Footnotes
- 1.AFR/NAFR NAFR
- 2.CAV DATE NA
- 3.Uploading Date 24.08.2026
- 4.Transmission Date