Patna High Court
Harishchandra Jha vs The State Of Bihar And Ors on 3 July, 2025
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.12038 of 2018
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Harishchandra Jha Son of Late Kashi Kant Jha, Resident of Village P.O.-
Bishwanathpur Tarauni, P.S.- Bahera, District- Darbhanga.
... ... Petitioner/s
Versus
1. The State Of Bihar through its Secretary, Food & Consumer Protection
Department, Govt. of Bihar, Patna
2. The Commissioner-cum-Deputy Director Food, Food and Consumer
Protection Department, Darbhanga Division, Darbhanga
3. The District Magistrate-cum-District Collector-cum-District Officer-cum-
Appellate Authority, Darbhanga
4. The District Supply Officer, Darbhanga.
5. The Assistant District Supply Officer, Darbhanga.
6. The Sub Divisional Officr, Benipur, Darbhanga.
7. The Block Supply Officer, Banipur, Darbhanga.
8. The Supply Inspector, Benipur, Darbhanga.
9. Satish Chandra Jha, Son of Late Kashi Kant Jha, Resident of VillageP.O.-
Bishwanathpur Tarauni, P.S.- Bahera, District- Darbhanga.
... ... Respondent/s
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Appearance :
For the Petitioner/s : M/s Prem Kumar Jha,
Rajesh Kumar Jha, Advocates
For the Respondent/s : Mr. Arvind Ujjwal SC 4
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CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY
ORAL JUDGMENT
Date : 03-07-2025
1. The writ petition is filed for the
following reliefs:
"(i) ....... for setting-aside the
order dated 22.11.2017 (Annexure-9) passed
by the Court of learned Collector-cum-District
Magistrate, Darbhanga (respondent no.- 3) in
P.D.S. Appeal No.-49/2016 whereby and
whereunder earlier order contained in memo
Patna High Court CWJC No.12038 of 2018 dt.03-07-2025
no. 69 dated 03.03.2016 (Annexure-7)
passed by the Sub Divisional Officer, Benipur
(respondent no.-6) has been cancelled
without considering the materials /
evidence / documents issued by the higher
authority after due enquiry.
(ii) .... for setting-aside the order
dated 5.2.2018 (Annexure-10) passed by the
Sub Divisional Officer, Benipur (respondent
no.-6) whereby and whereunder in the light
of order dated 22.11.2017 (Annexure-9), the
license no.- 17/1985 of P.D.S. dealer- Satish
Chandra Jha (respondent no.-9) has been
restored.
(iii) ...... for taking appropriate
necessary action againt P.D.S. dealer namely
Satish Chandra Jha (respondent no.-9) and to
appoint other eligible person as P.D.S. dealer
according to law and in the interest of public
in general.
(iv) Pass any other relief/s for
which the petitioner is found to be entitled
under the given 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
Patna High Court CWJC No.12038 of 2018 dt.03-07-2025
(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 P.D.S.
Appeal No. 49 of 2016 dated 22.11.2017.
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
Patna High Court CWJC No.12038 of 2018 dt.03-07-2025
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.
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 03.07.2025
Transmission Date
