PATNA, India, Oct. 31 -- Patna High Court issued the following judgment on Oct.10:

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

"(i) The prayer in the Writ petition is to quash the merit list of vacant Public Distribution Shop License under Kesheshwar Sthan Block (Biraul SubDivision) issued on 01.09.2017 by which the respondent No. 12 (Ram Govind Ram) has been illegally selected in Merit List for the PDS shop License through the petitioner is much better in each and every corner than respondent No. 1. He has been left out and the Respondent No. 12 has been selected at Serial No. 5. Photocopy of Memo No. 869 dated 01.09.2017 along with the Merit list of PDS license is enclosed here with as Annexure P1."

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 subclause (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.

The rest of the document can be viewed at https://patnahighcourt.gov.in/viewjudgment/MTUjMTY4MjAjMjAxNyMxI04=-9LnCjavq--ak1--yI=

Disclaimer: Curated by HT Syndication.