Patna High Court
Hari Nath Yadav vs The State Of Bihar And Ors on 22 July, 2025
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.14946 of 2018
======================================================
Hari Nath Yadav Son of Late Sita Ram Yadav, Resident of Village- Kamrail,
P.O.- Kamrail, P.S.- Marauna, District- Supaul.
... ... Petitioner/s
Versus
1. The State Of Bihar through the Chief Secretary Govt. of Bihar, Patna
2. The Bihar State Food and Civil Supplies Corporation Ltd. through Manager,
Patna through Manager
3. The District Magistrate, Supaul.
4. The District Food and Civil Supply Officer, Supaul.
5. The Sub-Divisional Officer, Nirmali, Supaul.
6. The Sub Divisional Food and Civil Supply Officer Nirmali, Supaul.
7. The Block Development Officer, Marauna, Supaul.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : M/s Gagan Deo Yadav,
Ravi Prakash
Udeshya Kumar Yadav
Vinod Kumar
Rajesh Kumar, Advocates
For the Respondent/s : Mr. Arvind Ujjwal-SC 4
======================================================
CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY
ORAL JUDGMENT
Date : 22-07-2025
1. The writ petition is filed for the
following reliefs:
"I. For quashing the order dated
29.05.2018
issued by the Collector, Supaul
whereby and where under the
application/representation of petitioner for
renewal/grant licence of P.D.S. Dealer has
been rejected on the ground that the
representation of petitioner was time
Patna High Court CWJC No.14946 of 2018 dt.22-07-2025
barred.
II. To direct the respondent
authorities to issue the renewal licence of
P.D.S. Shop of the petitioner, after
quashing the abovesaid order dated
29.05.2018, which who is the disease and
unfortunately not filed application for
renewal P.D.S. Shop licence within time
and thereafter increasing good health he
filed application for issue P.D.S. Licence.
III. Any other relief/reliefs for
which the petitioner is entitled."
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.
Patna High Court CWJC No.14946 of 2018 dt.22-07-2025
(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, from the reliefs prayed for in
the writ petition, it is evident that the petitioner
has an alternative remedy under the provisions of
Bihar Targeted Public Distribution System (Control)
Order, 2016.
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
Patna High Court CWJC No.14946 of 2018 dt.22-07-2025
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
in accordance with law 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 23.07.2025
Transmission Date
