Ramdeo Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.25761 of 2019 ====================================================== Ramdeo Singh S/o Late Bhujangi Singh Resident of Village- Naraun, P.S.- Sambhuganj, District- Banka.

... ... Petitioner/s

Versus

1.

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

2.

The Collector Banka.

3.

The Sub Divisional Officer Banka, District- Banka. 4.

The Block Supply Officer Sambhuganj, Banka.

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

For the Petitioner/s :

Mr.Dhananjaya Nath Tiwari For the Respondent/s :

Mr.S. Raza Ahmad (Aag5) ====================================================== CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY ORAL JUDGMENT Date : 06-07-2026

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

"for setting aside the order contained in Memo No. 868/आ० dated 29.09.2011 passed by the Learned Sub-Divisional Officer, Banka by which the PDS license of the petitioner being license no.

01/1994 has been cancelled and further for quashing the appellate order dated 07.08.2019 passed in Appeal No. 84 of 2011-12 by the Collector, Banka communicated to the Petitioner vide Memo No. 1374 dated

2/4 26.10.2019 by which the Statutory Appeal filed on behalf of the Petitioner was dismissed and further be pleased to restore the license and supply of the Petitioner".

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.

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3. Admittedly, the present case is filed against the order of District Magistrate in Supply Appeal Case No.84 of 2011-12 on 20.10.2011.

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 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.

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

(G. Anupama Chakravarthy, J) Shanu/- AFR/NAFR NAFR CAV DATE NA Uploading Date 07.07.2026 Transmission Date NA