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Patna High CourtCWJC/14295/2019disposed

Ram Bali Singh v. The State Of Bihar

2025-10-14Justice Smt. G. Anupama Chakravarthy4 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14295 of 2019 ====================================================== Ram Bali singh S/o Late Balgovind Singh Resident of Village Chhariyari under the Gram-Chhariyari,.P.S. Makhdumpur,Dist.Jehanabad ... ... Petitioner/s

Versus

1.

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

The District Magistrate-cum-Collector, Jehanabad 3.

The Sub-Divisional Officer, Jehanabad 4.

The Block Supply Officer, Block,Makhdumpur,Dist.Jehanabad ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pritish Kumar Lal, Advocate For the Respondent/s :

Mr.Arvind Ujjwal (Sc4) ====================================================== CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY ORAL JUDGMENT Date : 14-10-2025

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

"A. Appropriate writ(s), order(s), direction(s) quashing the following.

I. The order dated 30-11-2016 (Annexure-6) passed by Sub Divisional Officer, Jehanabad in Supply Allegation Case No. 14 of 2016 where under he has cancelled the License No. 56/07 at village - Chhariyari under the Gram Panchyat Chhariyari, Parkhand Makhdumpur,

2/4 standing in the name of the petitioner who is public distribution system dealer.

II. The order dated 19-11-2018 (Annexure-8) passed by District Magistrate, Jehanabad, in Supply Appeal No. 05/DM/2017 affirming the order dated 30-11-2016 passed by Sub Divisional Officer, Jehanabad, in Supply Allegation Case No. 14 of 2016 whereby and whereunder he has cancelled the public distribution system dealer License No. 56/07 at village - Chhariyari under the Gram Panchyat Chhariyari, Parkhand Makhdumpur, District Jehanabad, standing in the name of the petitioner.

B. An appropriate writ (s), order (s), direction (s) commanding the respondents to restore the License No. 56/07 standing in the name of petitioner for his public distribution system shop at village-Chhariyari under the Gram-Panchyat Chhariyari, Parkhand Makhdumpur, District-Jehanabad.

C. Any other relief (s) to which the petitioner is found entitled to for giving complete justice to him."

2. At this juncture, the Learned counsel for the respondents contended that Section 32(vi) of the

3/4 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 Supply Appeal No. 05/DM/2017 dated 19.11.2018.

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

4/4 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 one month from the date of receipt of this order before the 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 Writ petition is disposed of.

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

(G. Anupama Chakravarthy, J) amitkr/- AFR/NAFR NAFR CAV DATE N/A Uploading Date 16.10.2025 Transmission Date N/A