Bijay Kumar Das Vs The State of Bihar — Patna HC (2025) — LawSathi Research

Bijay Kumar Das Vs The State of Bihar — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Liberty to the petitioner to file a statutory appeal before the District Magistrate-cum-Collector, Bhagalpur (Respondent No. 4) within two weeks; the appeal to be considered on merits with an opportunity of hearing, reasoned orders in accordance with law, completion preferably within eight weeks, and communication of any order passed to the parties.

Issue for consideration

Whether the writ petition should be entertained on merits notwithstanding the availability of an alternative and efficacious statutory appeal remedy before the District Magistrate-cum-Collector, Bhagalpur under Clause 32(3) of the Bihar Targeted Public Distribution System (Control) Order, 2016.

Court's answer

The Court was not inclined to entertain the writ petition on merits because the petitioner has an alternative and efficacious remedy of statutory appeal before the District Magistrate-cum-Collector, Bhagalpur under Clause 32(3) of the Bihar Targeted Public Distribution System (Control) Order, 2016.

Ratio / Principle

Liberty granted to the petitioner to approach the District Magistrate-cum-Collector, Bhagalpur (Respondent No. 4) by way of appeal within a period of two weeks.

Key takeaways

On such appeal being filed, the District Magistrate-cum-Collector, Bhagalpur (Respondent No. 4) shall consider the same on merits and pass reasoned orders in accordance with law.ratio¶21
Before passing any order, the authorities concerned shall give an opportunity of hearing to the petitioner.ratio¶22
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.ratio

Detailed headnote1 paragraphs

Alternative remedy – statutory appeal under Clause 32(3), Bihar Targeted Public Distribution System (Control) Order, 2016 – writ petition disposed of without adjudicating merits. In Civil Writ Jurisdiction Case No. 3819 of 2025 (decided 07-04-2025), the High Court of Judicature at Patna (A. Abhishek Reddy, J), though counsel for petitioner Bijay Kumar Das argued at length on merits, declined to entertain the writ petition against the State of Bihar food-and-civil-supplies functionaries, holding that the petitioner had an alternative and efficacious remedy of preferring a statutory appeal before the District Magistrate-cum-Collector, Bhagalpur under Clause 32(3) of the Bihar Targeted Public Distribution System (Control) Order, 2016. The petition stood disposed of with liberty to file such appeal within two weeks; the District Magistrate-cum-Collector (Respondent No. 4) was directed to consider the appeal on merits and pass reasoned orders in accordance with law, to give the petitioner an opportunity of hearing before passing any order, to complete the entire exercise as expeditiously as possible preferably within eight weeks from the date of filing of the appeal, and to communicate any order passed to the parties.

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.3819 of 2025

======================================================

Bijay Kumar Das Son of Kisun Das, Resident of Village Amba, P.O.- Amwa Arazi, P.S.- Shahkund, District- Bhagalpur ... Petitioner

Versus

The State of Bihar through the Principal Secretary, Department of Food and Civil Supplies, Govt. of Bihar, Patna.

The Principal Secretary, Department of Food and Civil Supplies, Govt. of Bihar, Patna.

The Divisional Commissioner, Bhagalpur.

The District Magistrate, Bhagalpur.

The District Supply Officer, Bhagalpur.

The Sub Divisional Officer, Sadar Bhagalpur, District- Bhagalpur.

The Block Supply Officer, Block Shahkund, District- Bhagalpur.

... Respondents

======================================================

Appearance :

For the Petitioner : Mr.Chandrasekhar Sharma, Adv. For the Respondents : Mr.Standing Counsel (08) ======================================================

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

2 07-04-2025 Heard the learned counsel for the parties.

Even though, the learned counsel appearing on

behalf of the petitioner has argued at length on merits of the case, this Court is not inclined to entertain the present writ petition, having regard to the fact that the petitioner has an alternative and efficacious remedy of preferring a statutory appeal before the District Magistrate-cum-Collector, Bhagalpur, under Clause 32(3) of the Bihar Targeted Public Distribution System (Control) Order, 2016. The present writ petition is disposed of granting liberty to the petitioner to approach the District Magistrate-cum-Collector, Bhagalpur (Respondent No.

Patna High Court CWJC No.3819 of 2025(2) dt.07-04-2025 2/2

by way of appeal within a period of two weeks from today. On such appeal being filed, the District Magistrate-cumCollector, Bhagalpur (Respondent No. 4) shall consider the same on merits and pass a reasoned orders in accordance with law.

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.

Accordingly, the present writ petition stands

disposed of.

(A. Abhishek Reddy , J)

Shamshad/-

U