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IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18899 of 2025

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Noor Saba, Wife of Md Imran, Resident of Village Madhepur, Ward No. 09,

Sabzi Bazar, P.S. Madhepur, District Madhubani (Bihar).

... ... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary, Food and Consumer

Protection Department, Old Secretariat, Patna.

2. The Commissioner, Division - Darbhanga.

3. The District Magistrate cum Chairman of the district level selection

committee, Madhubani.

4. The District Supply Officer, Madhubani.

5. The Sub Divisional Officer, Jhanjharpur, Madhubani.

6. The Block Supply Officer, Madhepur, Madhubani.

7. Neha Kumari, W/O Naresh Mahto @ Pappu Kumar Mahto, Resident of

Village Pasitola Madhepur, Ward No. 11, P.S - Madhepur, District -

Madhubani (Bihar).

... ... Respondent/s

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Appearance :

For the Petitioner/s : Mr.Kumar Gaurav, Adv.

For the Respondent/s : Mr.Government Pleader 17

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CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY

ORAL ORDER

2 28-01-2026 Heard the learned counsels for the parties.

2. The present writ petition has been filed for the

following relief(s):-

“A. To issue Writ of Certiorari for quashing

or any Writ order to set aside the unspecified

decision of the District level Selection

Committee, Madhubhani & published final

merit list contained therein Annexure -P/4

under which only on the basis of

hypothetical self manufactured & false

objection raised by the Respondent No.7

Patna High Court CWJC No.18899 of 2025(2) dt.28-01-2026

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The District Level Selection Committee,

Madhubani came to the final outcome

without going into the gravity of the fact &

without further making any sort of enquiry

about the fact of so called objection the

selection committee taken final decision &

the candidature of the petitioner has been

rejected without any due course of valid

inquiry contained therein Annexure- P/4

whereas the petitioner has already submitted

her family member certificate certified by

the Circle Officer Madhepur was enclosed

with application form during the course of

the application invited for the same

contained therein Annexure-P/2(Series).

B. To issue a consequential Writ of

Mandamus or any other appropriate Writ

order directing the District Level selection

Committee, Madhubani to consider the

claim of the petitioner contained therein

Annexure- P/5(Series) & directing the

licensing authority cum S.D.O Jhanjharpur

to issue a P.D.S license in the name of

petitioner, as she is the only who is matching

all the eligibility criteria & bonafide

candidate to obtain the P.D.S.Shop license as

per the vacancy notified under B.T.P.D.S

(Control) Order, 2016.

C. Any other relief or reliefs for which the

petitioner may be found entitled in the fact

and circumstances of the present case may

be granted to him.”

3. Even though the learned counsel appearing on

behalf of the petitioner has argued at length on merits of the

case, this Court is not inclined to go into the same as the

petitioner has an alternative and efficacious remedy of filing a

Patna High Court CWJC No.18899 of 2025(2) dt.28-01-2026

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complaint before the Divisional Commissioner.

4. Learned counsel appearing on behalf of the

respondents states that as per the amendment order Bihar

Targeted Public Distribution System (Control) Second

Amendment Order, 2022, the Divisional Commissioner is the

competent authority for disposing of any complaint or

representation made by an aggrieved party.

5. Without going into the merits or demerits of the

case, having regard to the fact that the petitioner has a remedy

of filing a complaint before the Divisional Commission as per

the amendment made vide notification dated 21.07.2022 under

Bihar Targeted Public Distribution System (Control) Second

Amendment Order, 2022. The petitioner is directed to approach

the Divisional Commissioner ventilating his grievance against a

selection of the Respo