Bijay Singh @ Bijay Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7038 of 2021 ====================================================== Bijay Singh @ Bijay Kumar Singh S/o Ramsvarup Singh, Resident of Village - Fatehapur, Ward No. 5, P.S. Fatehpur, District - Sheohar. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Secretary, Food and Consumer Protection Department, Government of Bihar, Patna.

2.

The Commissioner, Tirhut Division, Muzaffarpur. 3.

The Collector, Sheohar.

4.

The Sub Divisional Officer, Sheohar.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dhananjaya Nath Tiwari, Advocate For the Respondent/s :

Mr. Arvind Ujjawal, SC-4 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 04-01-2022 The petitioner has prayed for the following relief/s :- "for setting aside the order dated 04.09.2018 passed in PDS Revision Case No. 172/2017 by the learned Commissioner, Tirhut Division, Muzaffarpur by which he was pleased to

Patna High Court CWJC No.7038 of 2021 dt.04-01-2022 2/3 dismissed the statutory Revision on the ground of limitation and further the learned Revisional Authority may be directed to disposed of the Revision Case No. 172/2017 on merit in accordance with law."

Learned counsel for the petitioner states that he shall file an appropriate application explaining the delay in not filing the petition for revision within the stipulated period of time. If the petitioner were to do so, within next four weeks, we are sure that the revisional authority shall, by taking a lenient view, considering the fact the petitioner is a poor person, take appropriate decision, in accordance with law. We notice that while dismissing the revision petition, what has weighed with the authority is only the delay which prompted in passing the order for dismissal of the petition for revision.

As such, on this short ground alone, we quash and set aside the order dated 04.09.2018, passed in PDS Revision Case No. 172/2017 by the Commissioner, Tirhut Division, Muzaffarpur (Annexure-3).

The petitioner is at liberty to file an application seeking condonation of delay in support of the revision petition and the appropriate authority shall take a decision in accordance

Patna High Court CWJC No.7038 of 2021 dt.04-01-2022 3/3 with law.

The petition stands disposed of in the aforesaid terms. Interlocutory Application(s), if any, stands disposed of.

(Sanjay Karol, CJ) ( S. Kumar, J) Ashwini/K.C.Jha AFR/NAFR CAV DATE Uploading Date 06.01.2022 Transmission Date