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2019 DAILYLAW 1826 (PAT)

Manju Devi @ Manjoo Devi v. The State of Bihar

CWJC/21681/2019 · 2026-06-23

Smt G Anupama Chakravarthy

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Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.21681 of 2019 ====================================================== Manju Devi @ Manjoo Devi, W/o Ravin Ravindra Kumar Ravi, Resident of Village- Amahara, P.S.- Bihta, Dist- Patna. ... ... Petitioner Versus 1. The State of Bihar through the District Magistrate, Patna. 2. The District Magistrate, Patna. 3. The SDO, Danapur, Patna. 4. The Block Supply Officer Bihta, Distt. Patna. 5. Smt. Chandani Kumari, W/o Shri Ramesh Kumar, Resident of Village- Ama- hara, P.S. Bihta, Distt. Patna. ... ... Respondents ====================================================== Appearance : For the Petitioner/s : Mr.Dineshwar Mishra For the Respondent/s : Mr.S. Raza Ahmad, AAG5 ====================================================== CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY ORAL JUDGMENT Date : 23-06-2026 1. The Writ petition is field for the fol- lowing reliefs: “For issuance of appropriate Writ (s), order (s) or direction Com- manding the respondents to ap- point/select the petitioner as PDS Dealer and accordingly for issuance of PDS Licence in her favour in Amahar Panchayat under Bihta PS within the district of Patna and for cancellation of the PDS Licence of the Respondent No. 5 as a member of her family has already been ac- corded PDS Licence in ward No. 7 of the same panchayat as such the act of the Respondent authority in issuance of PDS Licence to the Re- spondent No. 5 is illegal, high handed and arbitrary in nature and the same is also without Jurisdiction Patna High Court CWJC No.21681 of 2019 dt.23-06-2026 2/3 and has offended the fundamental right of the petitioner conferred un- der article 16 and 21 of the consti- tution of India.” 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 ap- peal pending, the Appellate Author- ity may direct that the order under appeal shall not take effect for such period as the authority may con- sider necessary for giving a reason- able 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 Dis- trict 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. The learned counsel for the petitioner contended that he intends to file a revision before the Divisional Commissioner, but the limitation pe- riod for filing the revision has lapsed. He prayed for a direction to the concerned Divisional Commis- Patna High Court CWJC No.21681 of 2019 dt.23-06-2026 3/3 sioner to entertain the revision petition in accor- dance with Section 5 of the Limitation Act. 4. Taking into consideration that the peti- tioner has an alternative remedy for filing a revi- sion, the Writ petition is disposed of with a direc- tion to the petitioner to file the revision petition within four weeks from the date of receipt of this order before the Divisional Commissioner. The de- lay 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. 5. With the above said observation, the Writ petition is disposed of. 6. Interlocutory Application(s), if any, shall stand disposed of. Shanu/- (G. Anupama Chakravarthy, J) AFR/NAFR NAFR CAV DATE NA Uploading Date Transmission Date NA