Ajay Singh @ Ajay Kr. Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9187 of 2018 ====================================================== Ajay Singh @ Ajay Kr. Singh Son of Late Ramdeo Singh, Resident of Village - Nawratan Chak, P.S. - Daudnagar, distt. - Aurangabad Bihar ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

The District Magistrate cum collector, Aurangabad. 3.

The Sub- Divisional officer, Daudnagar, Aurangabad. 4.

The District supply officer, Dist. Aurangabad. 5.

The Block supply officer, Daudnagar, Aurangabad. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ranjit Kumar, Advocate For the Respondent/s :

Mr. S. Raza Ahmad- AAG 5 ====================================================== CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY ORAL JUDGMENT Date : 26-06-2025

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

"(i) For quashing of the order dated 26.10.2013 passed by the respondents licence no. 1/D/87 of the petitioner for his P.D.S. dealer has been cancelled.

(ii) For quashing of the order dated 8.12.2017 passed in P.D.S. Appeal Case No. 58/015 of respondent no.2 whereby and whereunder an appeal filed by the petitioner against the order dated 26.10.2013.

(iii) Further for issuance of writ

2/4 (S) direction (S) to the restore the licence no. respondents to 1/D/87 of the petitioner for his P.D.S. dealer."

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. Admittedly, the present case is filed against the order of District Magistrate in PDS

3/4 Appeal Case No. 58 of 2015 dated 08.12.2017.

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 petition within three months from the date of filing of the same.

6. With the above said observation, the Writ petition is disposed of.

7. Interlocutory Application(s), if any, shall

4/4 stand disposed of.

(G. Anupama Chakravarthy, J) Spd/- AFR/NAFR NAFR CAV DATE NA Uploading Date 27.06.2025 Transmission Date