Rudal Mahto v. The State of Bihar
Case brief
What is this about?
Alternative remedy / PDS dealer appointment challenge: Patna HC disposed of writ petition challenging selection of Respondent No. 5 as PDS dealer by District Level Committee (ground: appointee is a Graduate); petitioner routed to complaint before Divisional Commissioner, the competent authority under Bihar Targeted Public Distribution System (Control) Second Amendment Order, 2022 (notification dt. 21.07.2022); timelines of four weeks (complaint) and eight weeks (decision) with mandatory notice, hearing and objections. Keywords: PDS dealer, District Level Committee, Divisional Commissioner, alternative and efficacious remedy, Bihar Targeted Public Distribution System (Control) Second Amendment Order 2022, Rudal Mahto, Laal Chand Kumar, Vaishali, CWJC 4830 of 2024.
What did the court decide?
Writ petition disposed of with directions: petitioner to file a complaint before the Divisional Commissioner within four weeks; Divisional Commissioner to pass orders strictly in accordance with law within eight weeks, after notice and opportunity of hearing to all parties, and communicate any order to the parties.