Patna High Court
Hoshila Ram vs The State Of Bihar And Ors on 2 May, 2025
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.16269 of 2017
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Hoshila Ram Son of Sukhdeo Ram, Resident of village- Murali Bharahawa,
Police Station- Gaunaha, District- West Champaran.
... ... Petitioner/s
Versus
1. The State Of Bihar through the Principal Secretary, Department of Food and
Civil Supply, Government of Bihar, Patna
2. The Collector, West Champaran, Bettiah.
3. The District Supply Officer, West Champaran, Bettiah.
4. The Assistant District Supply Officer, West Champaran, Bettiah.
5. The Sub Divisional Officer, Narkatiaganj, West Champaran.
6. The Executive Magistrate, Narkatiaganj.
7. The Block Supply Officer, Gaunaha Block, District West Champaran.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Karandeep Kumar, Advocate
For the Respondent/s : Mr. Arbind Ujjawal - SC 4
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CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY
ORAL JUDGMENT
Date : 02-05-2025
1. The petitioner has filed the Writ
application for the following reliefs:
"(i) For quashing the order dated
24.09.2011
, as contained in memo
no. 561 passed by the Sub
Divisional Officer, Narkatiaganj,
West Champaran (Respondent No.
5) in Case No. 01/2011-12,
whereby and where under the
license of petitioner bearing
License No. 02 of 2009, which was
allotted under the Public
Patna High Court CWJC No.16269 of 2017 dt.02-05-2025
Distribution System in Panchayat,
Bharahawa Block Gaunaha has
been cancelled with the immediate
effect.
(ii) Also for quashing the order
dated 12.09.2017 / 25.09.2017
passed by the Collector, District
West Champaran, Bettiah
(respondent no. 2) in Case No.
C.R.M. No. 11 of 2011 12, whereby
and where under the respondent
no. 2 has affirmed the order dated
24.09.2011 passed by the
respondent no. 5, cancelling the
license of P.D.S. shop of the
petitioner with immediate effect."
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
Patna High Court CWJC No.16269 of 2017 dt.02-05-2025
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 C.R.M.
No. 11 of 2011-12 dated 12.09.2017 / 25.09.2017.
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
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
Patna High Court CWJC No.16269 of 2017 dt.02-05-2025
direction to the petitioner shall 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 two months
from the date of filing of the revision petition.
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 03.05.2025
Transmission Date
