Aggrieved PDS applicants must pursue the available statutory complaint remedy before seeking writ relief.

The petitioner challenged the Sub-Divisional Officer’s order dated 20 January 2022, which ceased her PDS licence, No. 01/2020, and sought restoration of allocation to her shop.

The respondents submitted that Rule 5(iv) of the Bihar Targeted Public Distribution System (Control) Order, 2016 provided a complaint remedy before the Divisional Commissioner.

The High Court disposed of the writ petition on the basis that the petitioner should pursue that alternative remedy, while noting that the prescribed limitation period had expired.

1. Whether the petitioner should first pursue the alternative complaint remedy under Rule 5(iv) of the Bihar Targeted Public Distribution System (Control) Order, 2016, rather than obtain relief through the writ petition.

2. Whether the Divisional Commissioner could consider a complaint filed after the prescribed limitation period had expired.

Rule 5(iv) of the Bihar Targeted Public Distribution System (Control) Order, 2016 permits an aggrieved applicant to complain to the Divisional Commissioner against a recommendation embodied in the published final merit list, within 15 days and with reasons and evidence; it requires disposal of complaints within a maximum of 30 days from receipt.

The Court applied the principle that an available statutory or prescribed alternative remedy should ordinarily be pursued before approaching the Court.

The Court considered the remedy under Rule 5(iv) an available alternative and held that it should be pursued in the first instance.

Although the time limit for filing had expired, the writ petition had been filed in 2022; the Court therefore directed the Divisional Commissioner to liberally condone the delay and decide the complaint on its merits by a reasoned order.

The Divisional Commissioner was directed to liberally condone the delay and dispose of the complaint by a reasoned speaking order, in accordance with law, within three months of its filing.