Chandeshwar Kumar Vs The State of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.9354 of 2025

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

Chandeshwar Kumar, Son of Brij Kishore Prasad, Resident of VillageJokatiya, Ward No. 17, P.S.- Manjhauliya, District- West Champaran, Bettiah.

¶4

... ... Petitioner/s

¶5

Versus

¶6

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

¶7

The Principle Secretary, Food and Civil Supply Department, Govt. of Bihar, Patna.

¶8

The Director, Food and Civil Supply Department, Govt. of Bihar, Patna.

¶9

¶10

The Divisional Commissioner, Tirhut Division, Muzaffarpur.

¶11

The District Selection Committee, West Champaran, Bettiah through its Chairman, Magistrate, West Champaran, Bettiah.

The Collector-cum-District Magistrate, West Champaran, Bettiah.

¶16

The District Supply Officer, West Champaran, Bettiah.

¶17

The Sub Divisional Officer, Sadar, West Champaran, Bettiah.

¶18

Koleshwar Thakur, Son of Bigu Thakur, Resident of Village- Jokatiya, Ward No. 17, P.S.- Manjhauliya, District- West Champaran, Bettiah.

¶19

... ... Respondent/s

¶20

====================================================== Appearance : For the Petitioner/s : Mr. Sharda Nand Mishra, Advocate. Mr. Sumit Kumar Gupta, Advocate. For the Respondent/s : Mr. Standing Counsel (25)

¶21

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

¶22

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

¶23

10 15-05-2026 Heard the learned counsel for the parties.

¶24

The present Writ Petition has been filed for the

¶25

following reliefs:-

¶26

“(i) For issuance of writ in the nature of certiorari for quashing the decision of the District Selection Committee, West Champaran, Bettiah held on 13.12.2024 by which application of the respondent no.09

¶27

Patna High Court CWJC No.9354 of 2025(10) dt.15-05-2026 2/4

¶28

recommended for issue licence for PDS dealers and rejected application of the petitioner for PDS dealers in Grampanchayat Raj, Jokatiya, rejected on ground that as per enquiry report, his uncle has Atta Chaki Mills and subsequently recommended for rejection of his application that he has not submitted khatiyan /kewala /revenue receipt relating to place of business and further stated that his applications is not completed, hence as per recommendation rejected application in meeting dt. 13.12.2024, whenever petitioner submitted affidavit by stating that no Atta Chaki Mills and Govt. service in his family and reletive and he has submitted rent recipt of the khatiyani land to the place of business.

¶29

(ii) For further quashing recommended for issue licence for selection PDS dealers in Grampanchayat Raj, Jokatiya to the respondent no.09, whenever he is belong to E.B.C. Caste, said post is reserved for B.C.Caste.

¶30

(iii) For further issue direction to the respondent no. 6 Collector -cum-District Magistrate, West Champaran, Bettiah for considering to the PDS Appeal Case No.../2025 filed by the petitioner on 18.02.2025 against the rejec tion of his application by meeting dt. 13.12.2024.

¶31

(iv) For further issued direction to respondent no.6 to supply PDS Appeal Case number, which has filed by the petitioner on 18.02.2025 but till today number of the appeal has not been supplied to the petitioner even after filing the appeal the respondent no.6 asked to the respondents concerned to take action as per the appeal.

¶32

v) For further issue direction to respondent no.6 for considering the PDS Ap

¶33

Patna High Court CWJC No.9354 of 2025(10) dt.15-05-2026 3/4

¶34

peal Case filed by the petitioner for selection for PDS dealer within Gram-panchayat Raj, Jokatiya, on the ground, he has requisite qualification and his name on the merit list at Serial No. 1 and submitted all required paper and documents.

¶35

(vi) For further give other legal consequential benefit to the petitioner. ”

¶36

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 go into the same as the petitioner has an alternative and efficacious remedy of filing a complaint before the Divisional Commissioner.

¶37

Learned counsel appearing on behalf of the respondents states that as per the amendment order Bihar Targeted Public Distribution System (Control) Second Amendment Order, 2022, the Divisional Commissioner is the competent authority for disposing of any complaint or representation made by an aggrieved party.

¶38

Without going into the merits or demerits of the case, having regard to the fact that the petitioner has a remedy of filing a complaint before the Divisional Commission as per the amendment made vide notification dated 21.07.2022 under Bihar Targeted Public Distribution System (Control) Second Amendment Order, 2022. The petitioner is directed to approach

¶39

Patna High Court CWJC No.9354 of 2025(10) dt.15-05-2026 4/4

¶40

the Divisional Commissioner ventilating his grievance against a selection of the Respondent No. 9 as a PDS dealer within a period of four weeks from the date of receipt of a copy of this order. On receipt of the complaint, the Divisional Commissioner shall pass orders strictly in accordance with law within a period of eight weeks thereof. It is needless to mention that before passing any order, all the parties shall be put on notice and given an opportunity of hearing, besides submitting their objections. Any order passed shall be communicated to the parties.

¶41

With the above direction, the present writ petition

¶42

stands disposed of.

¶43

(A. Abhishek Reddy, J)

¶44

shakir/-

¶45

U

Chandeshwar Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Chandeshwar Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Sanju Devi Vs The State of Bihar

Sakaldeep Ram Vs The State of Bihar

M/S Aastha And Saumya Construction Vs The State of Bihar

Md Shafique Alam Vs The State of Bihar

Bipin Kumar Singh Vs The State of Bihar

Upendra Kishore Vs Punjab National Bank