Patna High Court
Rajesh Kumar vs The State Of Bihar And Ors on 19 June, 2025
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.17582 of 2017
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Rajesh Kumar Son of Late Chotelal Bhagat, Resident of Village-Sakrohar,
P.S.-Beldaur, District-Khagaria.
... ... Petitioner/s
Versus
1. The State Of Bihar through Principal Secretary, Food and Civil Supply
Department, Government of Bihar, Patna
2. The District Magistrate Cum Collector, Khagaria.
3. The District Manager, Bihar, State Food and Civil Supplies Corporation,
Khagaria.
4. The S.D.M. Cum S.D.O., Gogri, Khagaria.
5. The Block Marketing Officer, Beldaur, Gogri, Khagaria.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Anil Kumar Choudhary, Advocate
For the Respondent/s : Mr.S.Raza Ahmad -AAG 5
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CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY
ORAL JUDGMENT
Date : 19-06-2025
1. The writ petition is filed for the
following reliefs:
"(i) For issuance of a writs in
the nature of certiorari quashing the order
dated 9-8- 2016 (Annexure-2) passed by
learned District Magistrate Khagaria in
Misc. Supply Appeal No. 35/14-15
confirmed the order dated 11-1-2014
(Annexure-1) passed by learned Sub-
Divisional Magistrate Cum Sub-Divisional
Officer, Gogri, Khagaria whereby and
whereunder cancelled the licence
Patna High Court CWJC No.17582 of 2017 dt.19-06-2025
No.01B/2012 of the petitioner on the
report of Block Marketing Officer, Beldaur,
Khagaria dated 4-1-2014.
(ii) For issuance of such other/s
writ(s), order (s) as your lordships may
deem fit and proper."
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.17582 of 2017 dt.19-06-2025
3. Admittedly, the present case is filed
against the order of District Magistrate in Misc.
Supply Appeal No. 35/14-15 dated 09.08.2016.
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
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 within
three months from the date of filing of the revision
petition.
6. With the above said observation, the
Patna High Court CWJC No.17582 of 2017 dt.19-06-2025
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 20.06.2025
Transmission Date
