PATNA, India, Sept. 29 -- Patna High Court issued the following judgment on Aug. 29:

1. The Writ petition is filed for the following reliefs:-

"(i) For issuance of an appropriate Writ/Writs order/orders direction to quash the order of District Selection Committee presided by D.M. Motihari-cum-President District Selection Committee, East Champaran dated 27.10.2018 (respondent No. 2 at Annexure-6 by which respondent No. 8 (Kundan Kumar) has been selected for PDS license in Turkauliya West Gram Panchayat, East Champaran, Motihari. It is further prayed to direct the respondents to appoint the petitioner for PDS license in Turkauliya West Gram Panchayat, Motihari.

(ii). It is further prayed to stay the order of issuing PDS license to respondent No. 8 (Kundan Kumar) till final decision of the case.

(iii) For issuance of any other relief/reliefs as your Lordship may deem fit and proper for ends of justice.

2. 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 and Section 32(vi) of the Bihar Targeted Public Distribution System (Control) Order, 2016 provides for the provision of revision. Section 32(iii) 32(v) and 32(vi) read as follows:

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

32. (v) Till the disposal of appeal pending, the Appellate Authority may direct that the order under appeal shall not take effect for such period as the authority may consider necessary for giving a reasonable opportunity to the other party under sub-clause (4) or until the appeal is disposed of, whichever is earlier.

(vi) Due to non disposal of the appeal within sixty days by the District Officer or against the order passed in the appeal, a revision may be filed before the Divisional Commissioner. The revision shall be disposed of within two months.

3. Admittedly, from the reliefs prayed for in the Writ petition, it is evident that the petitioner has an alternative remedy under the provisions of Bihar Targeted Public Distribution System (Control) Order, 2016.

4. The remedy available under the Act is to prefer an appeal before the District Magistrate. As the District Magistrate is the head of the Selection Committee, he cannot review his orders in an appeal. Therefore, the petitioner is directed to file a complaint/application before the Divisional Commissioner.

The rest of the document can be viewed at https://patnahighcourt.gov.in/viewjudgment/MTUjMjQ5NDMjMjAxOCMxI04=-gr7wphQBNTw=

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