Patna High Court
Jagdish Pawan vs The State Of Bihar And Ors on 18 August, 2025
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.21797 of 2018
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Jagdish Pawan Son of late Nand Kishor Paswan Resident of Village- Chauria,
Panchayat- Kahudag, P.S. Barachatti, District- Gaya.
... ... Petitioner/s
Versus
1. The State Of Bihar
2. The District Magistrate, Gaya.
3. The District Supply Officer, Gaya.
4. The Sub Divisional Officer, Sherghati, District- Gaya.
5. The Block Supply Officer, Barachatti, District- Gaya.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Nikhilesh Kumar
For the Respondent/s : Mr.Arvind Ujjwal - Sc4
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CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY
ORAL JUDGMENT
Date : 18-08-2025
1. The writ petition is filed for the
following reliefs:-
(i) For issuance of writ in the
nature of certiorari for quashing or order
dated 07.08.2018 passed by District
Magistrate, Gaya in Supply Appeal Case
No. 38 of 2017 whereby appeal filed by
the petitioner has been dismissed.
(ii) For issuance of writ in the
nature of certiorari for quashing of order
dated 30.07.2013 passed by Divisional
Officer, Sherghati, Gaya whereby License
bearing No. 551 of 2007 of PDS Shop of
Patna High Court CWJC No.21797 of 2018 dt.18-08-2025
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the petitioner has been cancelled with
immediate effect.
(iii) For issuance of writ in the
nature of mandamus direction to
respondents to restore the license No. 551
of 2007 of PDS Shop of the petitioner and
to permit the petitioner to run PDS Shop in
full fledge without any hindrance.
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
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shall be disposed of within two months.
3. Admittedly, the present case is filed
against the order of District Magistrate, Gaya in
Supply Appeal Case No. 38 of 2017 dated
07.08.2018.
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.
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 four weeks 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.
Patna High Court CWJC No.21797 of 2018 dt.18-08-2025
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)
Manish/-
AFR/NAFR NAFR
CAV DATE N/A
Uploading Date 20.08.2025
Transmission Date
