Patna High Court
Prabhu Nath Prasad vs The State Of Bihar And Ors on 14 July, 2025
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.16228 of 2017
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Prabhu Nath Prasad son of Ram Sewak Prasad, resident of Village- Bankatwa,
Police Station- Lauriya, District- West Champaran.
... ... Petitioner/s
Versus
1. The State Of Bihar through Principal Secretary, Food and Civil Supply
Department, Bihar Patna
2. The District Magistrate, West Champaran at Bettiah.
3. The Sub- Divisional Officer, Narkatiyaganj, District- West Champaran.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Akhileshwar Kumar Shrivastva, Advocate
For the Respondent/s : Mr.Arvind Ujjwal Sc4
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CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY
ORAL JUDGMENT
Date : 14-07-2025
1. The writ petition is filed for the following
reliefs:
"a. For quashing the order dated
26.08.2016
passed in C.R.M. Case No.
17/2011-12 as contained in Annexure-8 by
the Respondent No. 2, where under and
whereby the Respondent No. 2 has affirmed
the order dated 22.05.2007 passed by the
Respondent No. 3 vide his Memo No. 432 as
contained in Annexure-5, by which, the
License of petitioner Under Public
Distribution System (Under the Provision of
Bihar Trade Articles (License Unification)
Patna High Court CWJC No.16228 of 2017 dt.14-07-2025
order 1984) bearing No. 22/85 has been
cancelled."
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
C.R.M. Case No. 17/2011-12 dated 26.08.2016.
Patna High Court CWJC No.16228 of 2017 dt.14-07-2025
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 two months from the
date of filing of the revision petition.
Patna High Court CWJC No.16228 of 2017 dt.14-07-2025
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)
amitkr/-
AFR/NAFR NAFR
CAV DATE N/A
Uploading Date 14.07.2025
Transmission Date N/A
