Raghuni Sah vs The State Of Bihar
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Patna High Court

Raghuni Sah vs The State Of Bihar on 28 March, 2025

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                   Civil Writ Jurisdiction Case No.11736 of 2019
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     Raghuni Sah Son of Late Mukha Sah R/o Village-Puraina, P.S. Manjhagarh,
     Distt. Gopalganj

                                                            ... ... Petitioner/s
                                     Versus
1.   The State of Bihar through Principle Secretary, Food and Civil Supplies
     Department, Government of Bihar, Patna
2.   The Collector Gopalganj, Distt-Gopalganj
3.   The Sub Divisional Officer Gopalganj, Distt-Gopalganj
4.   The District Supply Officer Gopalganj
5.   The Block Supply Officer Manjhagarh, Block District-Gopalganj

                                               ... ... Respondent/s
     ======================================================
     Appearance :
     For the Petitioner/s     :     Mr. Akhilesh Kumar, Advocate
     For the Respondent/s     :     Mr. S. Raza Ahmad, AAG 5
      ======================================================
     CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY
                                  ORAL JUDGMENT

Date : 28-03-2025

1. The writ petition is filed for the

quashing of the order dated 15.09.2017, passed by

the Collector, Gopalganj, in Supply Appeal Case No.

9/2017 (Annexure-6), by which he dismissed the

appeal filed by the petitioner against the order

dated 19.06.2017 (Annexure-4), whereby the

respondent Sub-Divisional Officer, Gopalganj,

cancelled the petitioner's PDS license.

2. At this juncture, the Learned counsel for

the respondents contended that Section 32(vi) of

the Bihar Targeted Public Distribution System Patna High Court CWJC No.11736 of 2019 dt.28-03-2025

(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

Appeal Case No. 9 of 2017 dated 15.09.2017.

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 Patna High Court CWJC No.11736 of 2019 dt.28-03-2025

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 of filing a

revision, the writ petition is disposed of with a

direction to the petitioner to avail of this

alternative remedy 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.

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/-

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Uploading Date          28.03.2025
Transmission Date