Patna High Court
Nityanand Sharma vs The State Of Bihar on 21 April, 2025
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.20734 of 2019
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Nityanand Sharma S/o Chuni Lal Sharma, Resident of Village-Srinagar, Ward
No. 7, P.S.-Srinagar, District-Madhepura.
... ... Petitioner/s
Versus
1. The State of Bihar represented through the Secretary, Food and Consumer
Protection Department of Bihar, Old Secretariat, P.O.-Sachivalaya, Patna-
800015 (Bihar).
2. The Collector cum District Magistrate, Madhepura.
3. The Sub Divisional Officer, Madhepura, District-Madhepura.
4. The District Supply Officer, Madhepura.
5. The Block Supply Officer, Kumarkhand Block, District-Madhepura.
6. Devesh Kumar S/o Yogendra Yadav, R/o Ward No. 07, Village and P.S.
Srinagar, District- Madhepura.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Bhaskar Shankar
For the Respondent/s : Mr. S. Raza Ahmad, AAG 5
For the Respondent No.6: M/s Kumar Ravish
Sanjay Sharma,
Rohit Kumar, Advocates
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CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY
ORAL JUDGMENT
Date : 21-04-2025
1. The writ petition is filed for setting
aside of the order dated 31.08.2019 passed in
Miscellaneous Application (PDS Shop Selection)
Case No. 126/2018 by Collector-cum-District
Magistrate, Madhepura whereby the PDS license
No. 19/2018 of the petitioner was cancelled.
2. At this juncture, the Learned counsel for
the respondents contended that Section 32(vi) of
the Bihar Targeted Public Distribution System
Patna High Court CWJC No.20734 of 2019 dt.21-04-2025
(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
Miscellaneous Application (PDS Shop Selection)
Case No. 126/2018 dated 31.08.2019.
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.20734 of 2019 dt.21-04-2025
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 of filing a
revision, the writ petition is disposed of with a
direction to the petitioner to avail of this
alternative remedy 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.
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)
Spd/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 22.04.2025
Transmission Date
