Patna High Court
Vikram Kumar Chaudhary vs The State Of Bihar And Ors on 22 July, 2025
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.17278 of 2018
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Vikram Kumar Chaudhary S/o Wakil Chaudhary, R/o Ward 02, Near Ram
Janki Temple, Phulwaria, P.S.-Phulwaria, District-Begusarai.
... ... Petitioner/s
Versus
1. The State Of Bihar
2. The Director, Department of Food and Civil Supplies, Bihar, Patna.
3. The District Magistrate-cum-Chairman, District Selection Committee,
Begusarai.
4. The Sub-Divisional Officer-Cum-Licensing Authority, Begusarai.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Sanjay Sinha, Adv.
Ms. Riya Bhawna, Adv.
Ms. Niharika Rani, Adv.
For the Respondent/s : Mr. Arvind Ujjwal- SC-4
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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 of the order
dated 10.08.2017 passed in PDS
Appeal No. 05/2017 passed by the
respondent No. 3 which the Learned
District Magistrate dismissed the
appeal preferred against the
cancellation order by the petitioner.
(ii). Grant of PDS Licence to
the petitioner on compassionate
ground as per the rules.
Patna High Court CWJC No.17278 of 2018 dt.22-07-2025
(iii). Any other relief or reliefs
for which the petitioner is found
entitled to."
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.17278 of 2018 dt.22-07-2025
3. Admittedly, the present case is filed
against the order of District Magistrate in PDS Appeal
No. 05 of 2017 dated 10.08.2017.
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
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 three months from the
date of filing of the revision petition.
6. With the above said observation, the Writ
petition is disposed of.
Patna High Court CWJC No.17278 of 2018 dt.22-07-2025
7. Interlocutory Application(s), if any, shall
stand disposed of.
(G. Anupama Chakravarthy, J)
Manish/-
AFR/NAFR NAFR
CAV DATE N/A
Uploading Date 23.074.2025
Transmission Date
