Rajesh Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17582 of 2017 ====================================================== Rajesh Kumar Son of Late Chotelal Bhagat, Resident of Village-Sakrohar, P.S.-Beldaur, District-Khagaria.

... ... Petitioner/s

Versus

1.

The State Of Bihar through Principal Secretary, Food and Civil Supply Department, Government of Bihar, Patna 2.

The District Magistrate Cum Collector, Khagaria. 3.

The District Manager, Bihar, State Food and Civil Supplies Corporation, Khagaria.

4.

The S.D.M. Cum S.D.O., Gogri, Khagaria.

5.

The Block Marketing Officer, Beldaur, Gogri, Khagaria. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Anil Kumar Choudhary, Advocate For the Respondent/s :

Mr.S.Raza Ahmad -AAG 5 ====================================================== CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY ORAL JUDGMENT Date : 19-06-2025

1. The writ petition is filed for the following reliefs:

"(i) For issuance of a writs in the nature of certiorari quashing the order dated 9-8- 2016 (Annexure-2) passed by learned District Magistrate Khagaria in Misc. Supply Appeal No. 35/14-15 confirmed the order dated 11-1-2014 (Annexure-1) passed by learned SubDivisional Magistrate Cum Sub-Divisional Officer, Gogri, Khagaria whereby and whereunder cancelled the licence

2/4 No.01B/2012 of the petitioner on the report of Block Marketing Officer, Beldaur, Khagaria dated 4-1-2014.

(ii) For issuance of such other/s writ(s), order (s) as your lordships may deem fit and proper."

2. At this juncture, the Learned counsel for the respondents contended that Section 32(vi) of the Bihar Targeted Public Distribution System (Control) Order, 2016 provides for the provision of revision. Section 32(v) and (vi) read as follows: "32. (v) Till the disposal of appeal pending, the Appellate Authority may direct that the order under appeal shall not take effect for such period as the authority may consider necessary for giving a reasonable opportunity to the other party under sub-clause (4) or until the appeal is disposed of, whichever is earlier.

(vi) Due to non disposal of the appeal within sixty days by the District Officer or against the order passed in the appeal, a revision may be filed before the Divisional Commissioner. The revision shall be disposed of within two months.

3/4

3. Admittedly, the present case is filed against the order of District Magistrate in Misc. Supply Appeal No. 35/14-15 dated 09.08.2016.

4. The Learned counsel for the petitioner contended that he intends to file a revision before the Divisional Commissioner, but the limitation period for filing the revision has lapsed. He prayed for a direction to the concerned Divisional Commissioner to entertain the revision petition in accordance with Section 5 of the Limitation Act.

5. Taking into consideration that the petitioner has an alternative remedy for filing a revision, the writ petition is disposed of with a direction to the petitioner to file the revision petition within four weeks from the date of receipt of this order before the concerned Divisional Commissioner. The delay in filing the revision shall be condoned by the Divisional Commissioner, and the authority shall dispose of the revision within three months from the date of filing of the revision petition.

6. With the above said observation, the

4/4 Writ petition is disposed of.

7. Interlocutory Application(s), if any, shall stand disposed of.

(G. Anupama Chakravarthy, J) Spd/- AFR/NAFR NAFR CAV DATE NA Uploading Date 20.06.2025 Transmission Date