Ram Narayan Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17266 of 2018 ====================================================== Ram Narayan Singh Son of Late Nanhak Singh, Resident of Village- Boksa, P.S. and Block- Buxar, District- Buxar.

... ... Petitioner/s

Versus

1.

The State Of Bihar and Ors 2.

The District Magistrate, Buxar.

3.

The Sub Divisional Officer, Buxar.

4.

The Assistant District Supply Officer, Buxar. 5.

The Block Supply Officer, Buxar.

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

For the Petitioner/s :

Mr.Braj Kishore Singh, Adv.

For the Respondent/s :

Mr.Arvind Ujjwal- Sc4 ====================================================== CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY ORAL JUDGMENT Date : 18-07-2025

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

1. That this Writ petition is being filed for issuance of Writ in the nature of Certiorari for quashing the Order dated 9/5/2018 passed in Appeal No.

26/2015 whereby and where under the District Magistrate Buxar has been pleased to confirm the order dated 16/2/2015 passed by the Sub Divisional Officer Buxar in Memo No. 85 by which he has cancelled the Licence No. 266/2007 issued in the name of the petitioner in the year 2007 for Public Distribution Shop or any other relief or reliefs which may deem fit and proper.

2. At this juncture, the Learned counsel for

Patna High Court CWJC No.17266 of 2018 dt.18-07-2025 2/3 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 Supply Appeal Case No. 26 of 2015 dated 09.05.2018.

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

Patna High Court CWJC No.17266 of 2018 dt.18-07-2025 3/3 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 Divisional Commissioner. The delay in filing the revision shall be condoned by the Divisional Commissioner, and the authority shall dispose of the revision within two 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) Amandeep/- AFR/NAFR NAFR CAV DATE N/A Uploading Date 18.07.2025 Transmission Date