Patna High CourtCWJC/3894/2015disposed

Mostt. Sunita Devi v. The State Of Bihar And ORS

2017-04-12Mr. Justice Shivaji Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3894 of 2015 ======================================================

1. Mostt. Sunita Devi, W/O Late Amerika Prasad, resident of villageSripur, P.S-Belaganj, District-Gaya. .... .... Petitioner/s

Versus

1. The State of Bihar through the commissioner, Magadh Division, Gaya, District- Gaya.

2. The District Magistrate, Gaya, District-Gaya

3. The District supply officer, Gaya, District- Gaya.

4. The Sub - Divisional Officer, Sadar Gaya, District- Gaya.

5. The Block Supply Officer, Belaganj, District- Gaya. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ravindra Kumar Sinha For the State : Mr. Rajiv Roy, GP 1, Mr. Suresh Kumar, Act to GP-I ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 12-04-2017 Heard learned counsel for the petitioner and learned counsel for the State.

In the present writ petition, petitioner is challenging the order dated 6.11.2014 passed by the Commissioner, Magadh Division, Gaya in Supply Revision Case No. 294 of 2013 by which revision petition has been dismissed on the ground of limitation.

The Supply Revision petition has been rejected on the ground that petitioner has not explained in his petition the ground of delay in filing the revision petition nor he has filed any separate petition for condonation of delay.

Patna High Court CWJC No.3894 of 2015 (2) dt.12-04-2017 Revision has to be filed within 30 days but he has filed the revision on 29th day after the period of limitation Accordingly the order dated 6.11.2024 is set aside and matter is remanded back to the revisional authority to pass afresh order. However, petitioner will at liberty to file a separate petition explaining the delay. If such an application is filed the revisional authority will pass the order on the limitation petition as well as on merit of the case. With the aforesaid observation and direction this writ petition is disposed of.

(Shivaji Pandey, J) Vinay/- U