Sangeeta Kumari vs The State of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.8100 of 2023
======================================================
Sangeeta Kumari W/o- Saurav Kumar Resident of Village- Bhatgama, P.S.-
Chausa, District- Madhepura.
... ... Petitioner/s
Versus
1. The State of Bihar through the Commissioner, Koshi Circle, Saharsa,
District- Saharsa Bihar.
2. The Collector, Madhepura, Bihar cum Chairman, District Level Selection
Committee, Madhepura, District- Madhepura.
3. The District Supply Officer, Udakishunganj, Madhepura, District-
Madhepura.
4. The Sub Division Officer, Udakishunganj, Madhepura, District- Madhepura.
5. The Block Supply Officer, Udakishunganj, Madhepura, District-
Madhepura.
6. The Block Development Officer, Kumarkhand, District- Madhepura.
7. The Circle Officer, Kumarkhand, District- Madhepura.
8. Rachana Kumari W/o Subodh Kumar Paswan Resident of - Fulkiya Tola,
Arajpur (West), Ward No. 06, P.S.- Chausa, Dist.- Madhepura.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sanjeev Kumar, Adv.
For the Respondent/s : Mr.S. Raza Ahmad ( AAG-5 )
======================================================
CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY
ORAL JUDGMENT
Date : 07-09-2026
1 . The petitioner has filed the Writ petition
for the following reliefs:
“ That the present Writ application is
being filed for quashing of the order
dated 17.02.2023 passed by the
Court of Learned Commissioner,
Koshi Circle, Saharsa in Supply
Review Case No. 133/
2022( Sangeeta Kumari Vs. State
and Ors.) whereby and where under
he has been pleased to reject the

Patna High Court CWJC No.8100 of 2023 dt.07-09-2026
2/4
supply review case filed by the
petitioner which was filed in light of
order dated 28.09.2022 passed in
CWJC No. 7867/2019 and which has
been subsequently modified by ther
order dated 01.02.2023 passed in
MJC No. 2203 of 2022.”
2 . At the outset, the Learned Counsel
for the respondents draws the attention of this
Court to Section 32 (vii) of the Bihar Targeted
Public Distribution System (Control) Order, 2016.
3 . For better appreciation of the facts
of the case, Section 32 (vii) of the Bihar Targeted
Public Distribution System (Control) Order, 2016 is
reproduced hereinbelow:
“32. (vii) The Principal
Secretary/ Secretary of the department
may call for the records related to the
order passed under the provisions of this
Order by the Divisional Commissioner or
the District Officer or the licensing
authority or the Sub Divisional Officer
suo moto or upon a representation by
someone, and if he is satisfied that the
Divisional Commissioner or the District
Officer or the licensing authority or the

Patna High Court CWJC No.8100 of 2023 dt.07-09-2026
3/4
Sub Divisional Officer
(a) has exercised such
powers which are not entrusted to him,
(b) has exercised his powers
illegally without considering the facts of
the case,
(c) has failed in use of his
powers, he may pass an order which he
thinks fit.”
4 . Heard the Learned counsel for the
petitioner and the Learned counsel for the
respondents.
5 . Admittedly, from the reliefs prayed
for in the writ petition, it is evident that the
petitioner has an alternative remedy of filing a
representation available under Section 32(vii) of
the Bihar Targeted Public Distribution System
(Control) Order, 2016.
6 . Taking into consideration, without
going into the merits or demerits of the case, that
the petitioner has an alternative remedy of filing a
representation before the Principal Secretary,
under Section 32 (vii) of the Bihar Targeted Public
Distribution System (Control) Order, 2016 against

Patna High Court CWJC No.8100 of 2023 dt.07-09-2026
4/4
the impugned orders, the writ petition is disposed
of with a direction to the petitioner to file the
representation within four weeks from the date of
receipt of this order before the Principal Secretary.
The delay in filing the representation, if any, shall
be condoned by the Principal Secretary, and the
authority shall dispose of the representation within
three months from the date of filing of the same.
7 . It is needless to mention that before
passing any order, all the concerned parties shall
be put on notice and given an opportunity of
hearing. Any order passed shall be communicated
to the party.
8 . With the above observations, the
present writ petition stands disposed of.
9 . Interlocutory Application(s), if any,
shall stand disposed of.


(G. Anupama Chakravarthy, J)

Manish/-
AFR/NAFR NAFR
CAV DATE N/A
Uploading Date 07.09.2026
Transmission Date