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Md. Abullaish Tauheed v. The State Of Bihar and Ors.

Patna HC10 Jul 2025CWJC/14849/2018

Case brief

AI extract

What is this about?

Alternative remedy; PDS fair price shop licence allotment on merit marks; Section 32(iii) Bihar Targeted Public Distribution System (Control) Order 2016 appeal within thirty days to District Officer; condonation of delay; Section 5 Limitation Act; writ petition disposed with direction to file appeal in four weeks and disposal in three months; Darbhanga; Biraul Sub-Division; Ghanshyampur block; PDS licence No. 29/18; Roushan Kumar Jha v State of Bihar.

What did the court decide?

Writ petition disposed of with directions to the petitioner to file an appeal within four weeks before the authority concerned; the delay in filing the appeal to be condoned by the concerned authority; the appeal to be disposed of by that authority within three months of filing. Interlocutory application(s), if any, stand disposed of. ¶35

Md. Abullaish Tauheed Vs The State Of Bihar and Ors. — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner, claiming higher qualification and merit marks than the private respondent, should be allotted the PDS shop advertised by respondent No. 5 for Biraul Sub-Division, Darbhanga. +3 more

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Ratio / Principle

This Court found that the petitioner has an alternative remedy of appeal available under Section 32(iii) of the Bihar Targeted Public Distribution System (Control) Order, 2016.

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Key takeaways

On that basis, the writ petition is disposed of with a direction to the petitioner to file an appeal before the authority concerned within four weeks from the date of receipt of the order.ratio¶32
The delay in filing the appeal shall be condoned by the concerned authority.ratio¶32
The concerned authority shall dispose of the appeal within three months from the date of filing of the appeal.ratio

Detailed headnote1 paragraphs

PATNA HIGH COURT (NAFR), CWJC No. 14849 of 2018, decided 10-07-2025, G. Anupama Chakravarthy, J. — Writ petition by an unsuccessful PDS-dealership applicant (claiming higher merit marks) seeking allotment of the PDS shop advertised by respondent No. 5 for Biraul Sub-Division, Darbhanga, and cancellation of PDS licence No. 29/18 granted to private respondent Roushan Kumar Jha in block Ghanshyampur on lower merit marks. Respondents relied on the appellate remedy in S. 32(iii) of the Bihar Targeted Public Distribution System (Control) Order, 2016 (appeal to the District Officer within thirty days; disposal by the District Magistrate within sixty days, as quoted). The petitioner conceded intention to appeal but pleaded lapse of limitation, invoking S. 5 of the Limitation Act. The Court disposed of the writ petition, directing the petitioner to file the appeal within four weeks, ordering condonation of delay, and requiring disposal of the appeal within three months; interlocutory application(s) stood disposed.

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.14849 of 2018

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Md. Abullaish Tauheed Son of Md. Kamar Tauheed, Resident of VillagePostPali, Police Station- Ghanshyampur, District- Darbhanga.

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... ... Petitioner/s

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Versus

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The State Of Bihar and Ors

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The Secretary, Food and Civil Supply, Government of Bihar, Patna.

The Divisional Commissioner, Darbhanga.

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The District Magistrate, Darbhanga.

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The District Supply Officer, Darbhanga.

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The Sub-Divisional Officer, Biraul cum Member District Selection Committee, PDS, Darbhanga.

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Roushan Kumar Jha, Son of Chandra Shekhar Jha, Resident of VillagePostPali, Police Station- Ghanshyampur, District- Darbhanga.

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... ... Respondent/s

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====================================================== Appearance : For the Petitioner/s : Mr.Pankaj Kumar Jha For the Respondent/s : Mr. ====================================================== CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY

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ORAL JUDGMENT

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Date : 10-07-2025

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The writ petition is filed for the following reliefs:-

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(i) For Issuance of an appropriate Writ/Writs, Order/Orders, Direction/Directions to the respondents to give PDS shop to the petitioner as per Advertisement issued in daily news paper by the respondent No. 5 in the district of Darbhanga for Biraul SubDivision as he is more qualified and

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Patna High Court CWJC No.14849 of 2018 dt.10-07-2025 2/4

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having more merit marks than the Private respondent.

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(ii) For Issuance of an appropriate Writ/Writs. Order/Orders, Direction/Directions to the respondents to cancel the PDS shop of the private Respondent No. 7 bearing PDS licence No. 29/18, who was granted PDS shop in block Ghanshyampur even though he has lower merit marks than the petitioner.

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(iii) To such pass other order/orders, as your lordship, may deem fit and proper in the facts and circumstances of this case.

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At this juncture, the Learned counsel for the respondents contended that Section 32(iii) of the Bihar Targeted Public Distribution System (Control) Order, 2016 provides for the provision of appeal. Section 32(iii) read as follows:

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“32 (iii). Any person aggrieved by an order of the licensing authority denying the issue or renewal of the license to the fair price shop owner or cancellation of the license may appeal to the District Officer within thirty days of the date of receipt of the

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Patna High Court CWJC No.14849 of 2018 dt.10-07-2025 3/4

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order and the District Magistrate shall, as far as practicable, dispose the appeal within a period of sixty days.”

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Admittedly, from the reliefs prayed for in the writ petition, it is evident that the petitioner has an alternative remedy of appeal available under Section 32(iii) of the Bihar Targeted Public Distribution System (Control) Order, 2016.

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The Learned counsel for the petitioner contended that he intends to file an appeal before the concerned authority, but the limitation period for filing the appeal has lapsed. He prayed for a direction to the concerned authority to entertain the appeal in accordance with Section 5 of the Limitation Act.

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Taking into consideration that the petitioner has an alternative remedy for filing an appeal, the writ petition is disposed of with a direction to the petitioner to file an appeal within four weeks from the date of receipt of this order before the authority concerned. The delay in filing the appeal shall be condoned by the concerned

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Patna High Court CWJC No.14849 of 2018 dt.10-07-2025 4/4

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authority, and the authority shall dispose of the appeal within three months from the date of filing of the appeal.

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