Writ petition challenging PDS license grant is barred by alternative statutory remedy before Principal Secretary.

The petitioner, Sunil Kumar, filed a writ petition challenging an order dated 08.06.2023 passed by the Divisional Commissioner, Purnea, in Supply Appeal No. 01 of 2023

The Commissioner’s order had rejected the petitioner's prayer to cancel the P.D.S. (Public Distribution System) shop license granted to Respondent No. 6 in Gram Panchayat Khajuri

The petitioner sought a writ of Certiorari to quash the license of Respondent No. 6 and a writ of Mandamus to direct the authorities to grant the license to him based on merit

1. Whether the petitioner has an alternative and efficacious statutory remedy available under the Bihar Targeted Public Distribution System (Control) Order, 2016, precluding the exercise of writ jurisdiction at this stage?

The court applied Rule 32 (vii) of the Bihar Targeted Public Distribution System (Control) Order, 2016

This rule empowers the Principal Secretary/Secretary of the Department to call for records and review orders passed by the Divisional Commissioner, District Officer, or Licensing Authority, either suo moto or upon representation, if it appears the authority exercised powers not entrusted to them, acted illegally without considering facts, or failed to use their powers

The Court declined to adjudicate the merits or demerits of the dispute regarding the license allocation.

Instead, it observed that the statutory framework of the Bihar Targeted P.D.S. (Control) Order, 2016, specifically Rule 32 (vii), provides a formal mechanism for administrative review/revision.

Since the petitioner is challenging an order of the Divisional Commissioner (the Appellate Authority), the Court reasoned that the Principal Secretary is the appropriate forum to hear a representation against said order before the High Court intervenes.

To ensure justice, the Court directed that the limitation period for such a representation should be construed liberally since the petitioner had been pursuing the matter in the High Court.

The Principal Secretary is directed to pass a reasoned order in accordance with the law within three months thereafter, ensuring the petitioner is given a notice and an opportunity for a hearing. All Interlocutory Applications were also disposed of.