Patna High Court
Nathun Paswan vs The State Of Bihar And Ors on 26 June, 2025
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.8226 of 2018
======================================================
Nathun Paswan son of Late Karu Paswan, Resident of Village- Ghosrawan,
P.S.- Silao, District- Nalanda.
... ... Petitioner/s
Versus
1. The State Of Bihar through the Principal Secretary Food & Supply
Department, Bihar, Patna
2. The Commissioner, Patna Division, Patna.
3. The District Collector, Nalanda at Bihar Sharif.
4. The Assistant District Supply Officer, Rajgir, Nalanda.
5. The Sub Divisional Officer, Rajgir, Nalanda.
6. The Block Supply Officer, Silao, Nalanda.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjay Prasad, Advocate
For the Respondent/s : Mr. Arvind Ujjwal- SC 4
======================================================
CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY
ORAL JUDGMENT
Date : 26-06-2025
1. The writ petition is filed for the
following reliefs:
" I. For quashing of the order
dated 10.02.18 passed by the District
Magistrate, Nalanda in Supply case no
05/17 where by and where under appeal
against the cancellation of license under
PDS bearing license no 11/12 has been
rejected without considering defence of
the petitioner.
lI. For quashing of the order
dated 08.04.16 passed by the Sub
Patna High Court CWJC No.8226 of 2018 dt.26-06-2025
Divisional officer, Rajgir where by license
of the petitioner bearing license no 11/12
has been cancelled.
III. For direction the
respondents to revive /restore the license
of the petitioner and release food grains
for distribution amongst card holder and
other order/direction in the facts and
circumstances of the case in the interest
of justice."
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
Patna High Court CWJC No.8226 of 2018 dt.26-06-2025
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
Case No. 05 of 2017 dated 10.02.2018.
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
Patna High Court CWJC No.8226 of 2018 dt.26-06-2025
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 27.06.2025
Transmission Date
