Disposed¶19

Kiran Devi v. The State of Bihar through the Principal Secretary

Patna HC4 Sept 2025CWJC/12783/2024

Case brief

AI extract

What is this about?

Alternative remedy; writ petition not entertained on merits and disposed of; statutory appeal before District Magistrate, Sheohar; Clause 32(3), Bihar Targeted Public Distribution System (Control) Order, 2016; opportunity of hearing; reasoned order; eight-week timeline; two-week window to file appeal; PDS dispute, Sheohar, Bihar.

What did the court decide?

Writ petition disposed of without decision on merits; petitioner permitted/directed to file a statutory appeal before the District Magistrate, Sheohar within two weeks, which is to be decided on merits with a hearing and reasoned orders, preferably within eight weeks, with communication of the order to the parties. ¶19

Kiran Devi Vs The State of Bihar through the Principal Secretary — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the writ petition should be entertained on merits where the petitioner has an alternative and efficacious statutory remedy of appeal before the District Magistrate, Sheohar under Clause 32(3) of the Bihar Targeted Public Distribution System (Control) Order, 2016.

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Court's answer

The Court declined to entertain the writ petition on merits because the petitioner has an alternative and efficacious remedy of a statutory appeal before the District Magistrate, Sheohar under Clause 32(3) of the Bihar Targeted Public Distribution System (Control) Order, 2016.

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Ratio / Principle

The petitioner was directed to approach the District Magistrate, Sheohar by way of appeal within two weeks; on such appeal being filed, the District Magistrate shall consider it on merits and pass reasoned orders in accordance with law.

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Key takeaways

Before passing any order on the appeal, the authorities concerned shall give the petitioner an opportunity of hearing; the exercise is to be completed expeditiously, preferably within eight weeks from filing of the appeal, and any order passed is to be communicated to the parties.ratio¶22

Detailed headnote1 paragraphs

Kiran Devi v. State of Bihar & Ors., Patna High Court, Civil Writ Jurisdiction Case No.12783 of 2024 (decided 04-09-2025, A. Abhishek Reddy, J). Though counsel argued the matter at length on merits, the Court declined to entertain the writ petition because the petitioner had an alternative and efficacious remedy of a statutory appeal before the District Magistrate, Sheohar under Clause 32(3) of the Bihar Targeted Public Distribution System (Control) Order, 2016. The writ petition was disposed of directing the petitioner to file such appeal within two weeks; the District Magistrate was to decide it on merits with a reasoned order after affording the petitioner an opportunity of hearing, completing the exercise preferably within eight weeks and communicating the order to the parties.

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.12783 of 2024

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Kiran Devi Wife of Prabhkar Singh, Resident of Village- Ward no. 2, Nagar Panchayat , Sheohar, P.S. Shohar, District- Sheohar.

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... ... Petitioner/s

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Versus

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The State of Bihar through the Principal Secretary, Department of Food and Consumer protection Department, Govt. of Bihar, Patna.

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The Principal Secretary, Department of Food and Consumer Protection Department, Govt. of Bihar, Patna.

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The Director, Department of Food and Consumer Protection Department, Govt. of Bihar, Patna.

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The Sub-Divisional Officer (SDO), Sheohar.

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The Block Supply Officer, Sheohar.

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... ... Respondent/s

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Appearance : For the Petitioner/s : Mr. Dinesh Jha, Adv. For the Respondent/s : Mr. Standing Counsel 16 : Mr. Madhukar Mishra, AC to SC16

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CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY ORAL ORDER

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2 04-09-2025

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Even though, the learned counsel appearing on behalf

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of the petitioner has argued at length on merits of the case, this Court is not inclined to entertain the present writ petition.

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Having regard to the facts that the petitioner has an alternative and efficacious remedy of preferring a statutory appeal before the District Magistrate, Sheohar under Clause 32(3) of the Bihar Targeted Public Distribution System (Control) Order, 2016, the present writ petition is disposed of directing the petitioner to approach the concerned District Magistrate by way of appeal within a period of two weeks from

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Patna High Court CWJC No.12783 of 2024(2) dt.04-09-2025 2/2

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today. On such appeal being filed, the District Magistrate, Sheohar shall consider the same on merits and pass a reasoned orders in accordance with law.

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It is needless to mention that before passing any order, the authorities concerned shall give an opportunity of hearing to the petitioner. The entire exercise shall be completed as expeditiously as possible preferably within a period of eight weeks from the date of filing of the appeal by the petitioner. Any order passed shall be communicated to the parties.

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Accordingly, the present writ petition stands

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disposed of

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(A. Abhishek Reddy, J)

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Ayush/-

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Kiran Devi v. The State of Bihar through the Principal Secretary

Case brief

What is this about?

What did the court decide?

Kiran Devi v. The State of Bihar through the Principal Secretary

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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