Patna High Court
Sanjay Thakur @ Sanjay Kumar Thakur vs The State Of Bihar And Ors on 29 August, 2025
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.22080 of 2018
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Sanjay Thakur @ Sanjay Kumar Thakur Son of Late Pashupatinath Takur,
Resident of -Ward No.-7 Near Bharat Gas Agency, Makkhachak, P.S.-
Bakhari, District-Begusarai Bihar.
... ... Petitioner/s
Versus
1. The State Of Bihar through the Collector cum District Magistrate, Begusarai
2. The Sub-Divisional Officer, Bakhri, District-Begusarai.
3. The Block Supply Officer, Bakhri, District-Begusarai.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Surinder Kumar, Adv.
For the Respondent/s : Mr.S.Raza Ahmad -AAG5
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CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY
ORAL JUDGMENT
Date : 29-08-2025
1. The Writ petition is filed for the following
reliefs:
"That the present writ application
is being filed for issuance of a writ in the
nature of certiorari, for quashing the
order dated 19.07.2012 as contained in
Annexure-5 passed by Respondent no. 2
by which the license of the petitioner
issued under the provisions of public
Distribution System has been cancelled
and also for quashing the order dated
17.05.2016
passed by learned District
Magistrate (Respondent No. 1) Begusarai
by which he has affirmed the order dated
19.07.2012 and refused to interfere in
the matter and also for directions to the
respondent authorities not to interfere
with the business of the petitioner and to
allow the petitioner to carry out his
business."
Patna High Court CWJC No.22080 of 2018 dt.29-08-2025
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
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. 106 of 2012 dated 13.08.2012.
4. The Learned counsel for the petitioner
contended that he intends to file a revision before
the Divisional Commissioner, but the limitation
Patna High Court CWJC No.22080 of 2018 dt.29-08-2025
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.
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)
Amandeep/-
AFR/NAFR NAFR
CAV DATE N/A
Uploading Date 30.08.2025
Transmission Date
