Patna High Court
Ramvilas Dinkar @ Ramvilas Prasad ... vs The State Of Bihar And Ors on 1 August, 2025
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.21246 of 2018
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Ramvilas Dinkar @ Ramvilas Prasad Dinkar Son of Sri Lalo Dinkar, Resident
of Village- Dhandhar, Police Station- Wazirganj, District- Gaya.
... ... Petitioner/s
Versus
1. The State Of Bihar through the Principal Secretary Department of Food and
Protection, Govt. of Bihar at Patna.
2. The District Magistrate, Gaya.
3. The Sub Divisional Officer, Sadar Gaya, Dist- Gaya.
4. The Block Supply Officer, Wazirganj, Gaya.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Binay Kumar
For the Respondent/s : Mr.S.Raza Ahmad -Aag5
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CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY
ORAL JUDGMENT
Date : 01-08-2025
1. The writ petition is filed for the following
reliefs:
"For setting aside the order
dated 07.08.2018 passed by the Ld.
District Magistrate, Gaya by which he has
dismissed the Supply Appeal Case No. 43
of 2016, filed against the order dated
19.05.1995
passed by the Ld. S.D.O.
Sadar Gaya whereby the license No.
39/92 of the petitioner carrying on
business under the Public Distribution
System as a P.D.S dealer has been
cancelled after it's suspension and order
Patna High Court CWJC No.21246 of 2018 dt.01-08-2025
to start allocation to the shop of the
petitioner declaring the cancellation
order null and void and/or pass such
other order(s) as your Lordships deem fit
and proper under the facts and
circumstances of the case."
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.
Patna High Court CWJC No.21246 of 2018 dt.01-08-2025
3. Admittedly, the present case is filed
against the order of District Magistrate in Supply
Appeal Case No. 43 of 2016 dated 07.08.2018.
4. The remedy available under the Act is to
prefer an appeal before the District Magistrate. As
the District Magistrate is the head of the Selection
Committee he cannot review his orders in an appeal.
Therefore, the petitioner is directed to file a
complaint/application before the Divisional
Commissioner.
5. 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.
6. 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
Patna High Court CWJC No.21246 of 2018 dt.01-08-2025
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.
7. With the above said observation, the Writ
petition is disposed of.
8. Interlocutory Application(s), if any, shall
stand disposed of.
(G. Anupama Chakravarthy, J)
amitkr/-
AFR/NAFR NAFR
CAV DATE N/A
Uploading Date 02.08.2025
Transmission Date N/A
