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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.15678 of 2019 ====================================================== Arbind Kumar S/o Shiv Nandan Prasad Residence of Village- Anantpur Panchayat Devra, P.S.- Ghosi, Dist.- Jehanabad. ... ... Petitioner Versus
1. The State of Bihar through Secretary Food and Civil Supply Department, Govt. of Bihar, Patna.
2. The Principal Secretary Food and Civil Supply Department, Govt. of Bihar, Patna.
3. The District Magistrate Jehanabad.
4. The District Supply Officer Jehanabad.
5. The Sub Divisional Officer Jehanabad.
6. The Block Supply Officer Modanganj, Dist.- Jehanabad. ... ... Respondents ====================================================== Appearance : For the Petitioner : Mr. Nitya Nand Neeraj, Advocate For the Respondents : Mr. Arvind Ujjwal, SC4 ======================================================
CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY ORAL JUDGMENT Date : 30-06-2026
1. The writ petition is filed for the following reliefs:
“(i) For issuance of an appropriate writ/order/Direction to the respondents for quash the
order dated 26/11/2018 passed in supply Appeal case No. 67/D.M./ 2017 by learned collector jehanabad where by and where under the learned collector no interference in order passed by S.D.O. jehanabad and confirm the
order passed by S.D.O. cum
Patna High Court CWJC No.15678 of 2019 dt.30-06-2026 2/4 licensing officer jehanabad. (ii) For issuance of an appropriate write/order/ direction to the Respondents quash the letter no. IV-23/2009-1405/AA dated 30/08/2017 passed by S.D.O. cum licensing officer jehanabad where by and where under the license No. 12/2016 of the petitioner has been cancelled. (iii) For issuance of an appropriate writ /order/direction to restore the P.D.S. shop of the petitioner bearing license no. 12/2016in the village Anantpur panchayat
Devra,
Block- Modanganj, Dist- jehanabad. (iv) For issuance of an appropriate write/order/direction granting any other relief or reliefs for which the petitioner is found entitled under law.”
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
Patna High Court CWJC No.15678 of 2019 dt.30-06-2026 3/4 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. 67/DM/2017 dated 26.11.2018.
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 for a direction to the concerned Divisional Commissioner to entertain the revision petition in accordance with Section 5 of the Limitation Act.
Patna High Court CWJC No.15678 of 2019 dt.30-06-2026 4/4
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.
Shanu/- (G. Anupama Chakravarthy, J) AFR/NAFR NAFR CAV DATE NA Uploading Date Transmission Date NA