IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1597 of 2009 RAM BALAK CHAUHAN, son of Sri Manger Chauhan, resident of Village- Pachamba, PO Sarh Majhigawa, PS Shirdala,District Nawadah…Petitioner Versus 1. THE STATE OF BIHAR 2. Secretary, Food and Civil Supplies Department, Government of Bihar, Patna 3. The District Magistrate, Nawadah cum Chairman, Selection Committee 4. District Supply Officer, Nawadah 5. Sub Divisional Officer, Rajauli Sub-Division, Rajauli Nawadah cum Licensing Authority 6. Block Supply Officer, Shirdala Block, Shirdala, Nawadah 7. Suresh Choudhary, son of Late Kishun Choudhary, resident of Village – Majhigawa, PO Sarh Majhigawa, PS Shirdala, District Nawadah … Respondents ----------- 02- 02.02.2009 Heard Mr. Ashutosh Ranjan Pandey for the petitioner, and learned Assistant Counsel to Govt. Pleader no.16. This writ petition is directed against that part of the order dated 14.10.2008 (Annexure 2), whereby respondent no.7 has been given the licence for Public Distribution System (PDS, in short) of Sarh Majhgawa Panchayat, Shirdala Block, Rajauli Sub-dvision, in the district of Nawadah, to the exclusion of the petitioner. It is further stated in the writ petition that PDS in question is reserved for members of the most Backward Class, whereas it has been allotted to respondent no.7 who belongs to the category of Scheduled Caste. He, therefore, prays that the impugned order in so far as it concerns the petitioner may be set aside. 2. Learned Government Counsel raises a preliminary objection and submits that the petitioner has rushed to this Court without exhausting the statutory remedy available to him in terms of clause -11 of the Public Distribution System (Control) Orders 2001 - 2 - which provides the forum for appeal. 3. The writ petition is dismissed on the ground of maintainability. It goes without saying that it will be open to the petitioner to exhaust the statutory remedies available to him. ( S K Katriar ) mrl