Patna High Court
Rakesh Chaudhary @ Surendra Chaudhary vs The State Of Bihar on 2 July, 2025
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.25800 of 2019
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Rakesh Chaudhary @ Surendra Chaudhary, S/O Ram Sakal Chaudhary, R/O
Village- Salempur Titu, Gaura-6, (Bajalpura), Panchayat- mansapur, Ward no.
-6, P.S. and Block- Teghra, District- Begusarai.
... ... Petitioner/s
Versus
1. The State of Bihar through the Secretary, Department of Food and Consumer
Protection Department, Government of Bihar, Patna.
2. The District Magistrate-cum-Collector, Begusarai.
3. The Sub-Divisional Officer, (Supply) Teghra, Begusarai.
4. The Block Supply Inspector, Teghra, Begusarai.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Prem Chand Yadav
For the Respondent/s : Mr.Arvind Ujjwal (Sc4)
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CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY
ORAL JUDGMENT
Date : 02-07-2025
1. The writ petition is filed for the
following reliefs:
"...... for setting aside the order
dated 28-9-2018 passed by the District
Magistrate-cum-Collector, Begusarai,
passed in Misc. Appeal (PDS) Case no. 11
of 2017 (Annexure-P/4) which has been
passed without considering the facts and
circumstances of the case.
II. For setting aside the order of
cancellation of PDS License by the S.D.O.
(Supply) Teghra, Begusarai vide Memo no.-
696 dated 13-10-2016 (Annexure-P/3)
Patna High Court CWJC No.25800 of 2019 dt.02-07-2025
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bearing License no. 02/2000/TEG-74/2016
in contravention of Clauses -28 of Bihar
Targeted P.D.S. Control Orders, 2016.
which is not correct and not at all tenable
in the eye of law.."
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.25800 of 2019 dt.02-07-2025
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3. Admittedly, the present case is filed
against the order of District Magistrate in Misc.
Appeal (PDS) Case No. 11 of 2017 dated
28.09.2018.
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 concerned Divisional
Commissioner. The delay in filing the revision shall
be condoned by the Divisional Commissioner, and
the authority shall dispose of the revision petition
within three months from the date of filing of the
same.
Patna High Court CWJC No.25800 of 2019 dt.02-07-2025
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)
Spd/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 02.07.2025
Transmission Date
