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2019 DAILYLAW 1887 (PAT)

Ramdeo Singh v. The State of Bihar

CWJC/25761/2019 · 2026-07-06

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.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 fur- ther for quashing the appellate order dated 07.08.2019 passed in Appeal No. 84 of 2011-12 by the Collector, Banka communicated to the Peti- tioner vide Memo No. 1374 dated Patna High Court CWJC No.25761 of 2019 dt.06-07-2026 2/4 26.10.2019 by which the Statutory Appeal filed on behalf of the Peti- tioner 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 (Con- trol) Order, 2016 provides for the provision of revi- sion. 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 ap- peal 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. Patna High Court CWJC No.25761 of 2019 dt.06-07-2026 3/4 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 pe- riod for filing the revision has lapsed. He prayed for a direction to the concerned Divisional Commis- sioner to entertain the revision petition in accor- dance with Section 5 of the Limitation Act. 5. 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 one month 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. 6. With the above said observation, the Writ petition is disposed of. Patna High Court CWJC No.25761 of 2019 dt.06-07-2026 4/4 7. Interlocutory Application(s), if any, shall stand disposed of. Shanu/- (G. Anupama Chakravarthy, J) AFR/NAFR NAFR CAV DATE NA Uploading Date 07.07.2026 Transmission Date NA